Saturday, July 16, 2011

court ok's naked body scanners, rejects constitutional challenge

court ok's naked body scanners, rejects constitutional challengefrom threat level: A federal appeals court on Friday unanimously declined to block the government from using intrusive body scanners across airports nationwide, saying it is “not persuaded by any of the statutory or constitutional arguments” against them. The U.S. Court of Appeals for the District of Columbia Circuit was deciding a constitutional and procedural challenge to the Advanced Imaging Technology “nude” body scanners, which began rolling out in 2007 and are deployed to at least 78 airports nationwide. The Electronic Privacy Information Center asked the court to block usage of the devices — of which 500 more are to be rolled out this year — on grounds that they are an unconstitutional privacy invasion, ineffective and unhealthy to airline passengers.

The petitioners argue that using AIT for primary screening violates the Fourth Amendment because it is more invasive than is necessary to detect weapons or explosives,” the appeals court noted. “As other circuits have held, and as the Supreme Court has strongly suggested, screening passengers at an airport is an ‘administrative search’ because the primary goal is not to determine whether any passenger has committed a crime but rather to protect the public from a terrorist attack.”

The court said that, whether an administrative search is unreasonable, is a balancing test on how much it intrudes upon an individual’s privacy, and how much that intrusion is needed for the promotion of “legitimate” government interests. “That balance clearly favors the government here,” the court ruled 3-0. The court added that an “AIT scanner, unlike a magnetometer, is capable of detecting, and therefore of deterring, attempts to carry aboard explosives in liquid powder form.” The three-judge appellate panel did not address limited research suggesting that the machines might not detect explosives or even guns taped to a person’s body.

related police state updates:
woman arrested for squeezing tsa officer's breast*

video: woman who groped tsa officer won't face felony charges*
tsa announces privacy overhaul of nude airport scanners*
Big Sis Spy Story Goes Viral: DHS Video Characterizes White Americans as Most Likely Terrorists*
Former NSA official says mismanagement continues at spy agency*
Phone Hacking: botched de Menezes operation officer now counter-terrorism head*
Department Of Homeland Security Spreads More Terrorism-Related Conspriacy Theories*
Mexican Prison Break Is One Event the Media Can't Ignore*
Arizona border fence to be built with private money*
Atlanta OKs surveillance center; cameras to watch city*
Florida Makes $63M Selling Drivers' Info*
San Francisco police arrest 35 protesting fatal shooting*
Lawyer: license scanner 'crosses line' as boston database builds*
New Documents in Fort Hood Shooting Case Raise Concerns About Prosecution's Handling of Evidence*

No comments:

Post a Comment

fair use notice: this site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. we are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, & social justice issues, etc. we believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US copyright law. In accordance with title 17 usc section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.