EPIC filed a Freedom of Information Act (FOIA) request with the United States Marshals Service, a component of the Department of Justice, to obtain information about the agency’s use of full body scanners for courthouse security. EPIC pursued the case in federal court, and has obtained acknowledgment by the agency that a single machine has stored “approximately 35,314 images” of the full body scans of courthouse visitors over a six month period. EPIC also obtained a representative sample of the images stored by the devices.
EPIC is also pursuing a Freedom of Information Act lawsuit against the Department of Homeland Security, concerning the use of body scanners in US airports. This lawsuit has produced the technical specifications and vendor documents for the devices. However, the DHS is currently withholding from EPIC more than 2,000 images of individuals who have been subject to the airport body scanners.
Based on these suits and other related developments, EPIC has filed a separate suit against DHS, urging a federal court to suspend the airport body scanner program.
EPIC v. Department of Justice, Case No. 10-1157 (D.D.C. filed Dec. 17, 2010).