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<title>Techdirt. Stories about &quot;tsa&quot;</title>
<description>Easily digestible tech news...</description>
<link>http://www.techdirt.com/</link>
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<image><title>Techdirt. Stories about &quot;tsa&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<pubDate>Thu, 12 May 2011 12:29:00 PDT</pubDate>
<title>TSA May Let 'Trusted Travelers' Avoid Being Groped</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110509/03121314210/tsa-may-let-trusted-travelers-avoid-being-groped.shtml</link>
<guid>http://www.techdirt.com/articles/20110509/03121314210/tsa-may-let-trusted-travelers-avoid-being-groped.shtml</guid>
<description><![CDATA[ Apparently, the TSA is considering a system to figure out who is a "trusted traveler," and then <a href="http://consumerist.com/2011/05/tsa-considers-making-airport-screenings-less-annoying-for-trusted-travelers.html?utm_source=twitterfeed&utm_medium=twitter" target="_blank">give them special VIP security lanes</a> that will be less annoying and less intrusive.  They may also treat different flights differently, such that "low risk" flights may not require the same level of scrutiny.  While there is some wisdom in recognizing higher risk targets and lower risk targets and treating them differently, it does make you wonder if moves like this only make those "low risk" flights more of a target -- and make "trusted travelers" equally targeted.   Of course, it also raises questions about what the TSA considers a "trusted" traveler, what data they collect on those flyers and how they guarantee that the info is kept private.<br /><br /><a href="http://www.techdirt.com/articles/20110509/03121314210/tsa-may-let-trusted-travelers-avoid-being-groped.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110509/03121314210/tsa-may-let-trusted-travelers-avoid-being-groped.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110509/03121314210/tsa-may-let-trusted-travelers-avoid-being-groped.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>well,-that's-one-idea</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110509/03121314210</wfw:commentRss>
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<item>
<pubDate>Fri, 15 Apr 2011 18:26:00 PDT</pubDate>
<title>TSA Says 'You Might Be A Terrorist If... You Complain About The TSA'</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110415/16173213915/tsa-says-you-might-be-terrorist-if-you-complain-about-tsa.shtml</link>
<guid>http://www.techdirt.com/articles/20110415/16173213915/tsa-says-you-might-be-terrorist-if-you-complain-about-tsa.shtml</guid>
<description><![CDATA[ Ah, the TSA.  Apparently among the "behavioral factors" that the TSA uses in determining who might be a criminal or a terrorist is... <a href="http://www.cnn.com/2011/TRAVEL/04/15/tsa.screeners.complain/" target="_blank">if you complain about the TSA</a>.  I guess that means <a href="http://www.techdirt.com/search.php?q=+tsa+&#038;eid=&#038;tid=&#038;aid=&#038;searchin=stories">I'm in line</a> for some extra scrutiny.  Honestly, though, this sounds a lot more like punitive action against people who complain, rather than a legitimate characteristic of someone who deserves extra scrutiny.  Specifically, one of the factors is if someone is:
<blockquote><i>
"Very arrogant and expresses contempt against airport passenger procedures."
</i></blockquote>
An ACLU person quoted in the article wonders if this violates the First Amendment, in that it's going after someone for expressing their opinion:
<blockquote><i>
"Expressing your contempt about airport procedures -- that's a First Amendment-protected right," said Michael German, a former FBI agent who now works as legal counsel for the American Civil Liberties Union. "We all have the right to express our views, and particularly in a situation where the government is demanding the ability to search you."
<br /><br />
"It's circular reasoning where, you know, I'm going to ask someone to surrender their rights; if they refuse, that's evidence that I need to take their rights away from them. And it's simply inappropriate," he said.
</i></blockquote>
Honestly, you'd have to think that a real terrorist or criminal, hoping to avoid calling attention to themselves, wouldn't be openly hostile to the search procedure, but would try to be quiet and blend in.  Perhaps the TSA will defend this latest ridiculousness by saying it's all okay because it's <a href="http://www.techdirt.com/articles/20110414/02544013890/tsa-gropes-6-year-old-girl-says-its-okay-since-it-followed-standard-operating-procedure.shtml">standard operating procedure</a>.<br /><br /><a href="http://www.techdirt.com/articles/20110415/16173213915/tsa-says-you-might-be-terrorist-if-you-complain-about-tsa.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110415/16173213915/tsa-says-you-might-be-terrorist-if-you-complain-about-tsa.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110415/16173213915/tsa-says-you-might-be-terrorist-if-you-complain-about-tsa.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>seriously-guys?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110415/16173213915</wfw:commentRss>
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<item>
<pubDate>Thu, 13 Jan 2011 15:57:35 PST</pubDate>
<title>Judge Says No To FOIA Request For TSA Body Scan Images</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110113/01431412648/judge-says-no-to-foia-request-tsa-body-scan-images.shtml</link>
<guid>http://www.techdirt.com/articles/20110113/01431412648/judge-says-no-to-foia-request-tsa-body-scan-images.shtml</guid>
<description><![CDATA[ <a href="https://twitter.com/#!/normative/statuses/25276977355169792" target="_blank">Julian Sanchez</a> points us to the news that a district court judge has <a href="http://legaltimes.typepad.com/blt/2011/01/dc-judge-blocks-release-of-tsa-body-scan-images.html" target="_blank">rejected an attempt by the privacy-rights group EPIC to force Homeland Security to release some 2,000 full body scans</a> from the TSA's new airport scanners.  EPIC has been <a href="http://www.techdirt.com/articles/20101102/17473211695/group-trying-to-get-backscatter-airport-scanners-banned.shtml">suing</a> to get the new scanners banned, saying that the machines violate both the Fourth Amendment (unreasonable searches) and the Administrative Procedures Act, which requires a public review of such plans before the government can implement them.
<br /><br />
The group had filed a Freedom of Information Act for a variety of information about the scanners a while back, and while Homeland Security provided some documents, it withheld 2,000 test images that were done with volunteers.  EPIC then went to court, but the judge claimed that the government has no obligation to hand over such info, and that providing such info could "provide terrorists and others with increased abilities to circumvent detection by TSA and carrying threatening contraband onboard..."  In other words, the judge buys into the TSA's strategy of security by obscurity.
<br /><br />
Frankly, if it's really true that releasing some images of what these scans look like make it possible for terrorists to beat these machines, then these machines are clearly useless.  The TSA is delusional if it thinks that terrorists can't get their hands on these kinds of images.  If the machine is so weak that having some images teaches you how to beat it, then the machine shouldn't be used in the first place.<br /><br /><a href="http://www.techdirt.com/articles/20110113/01431412648/judge-says-no-to-foia-request-tsa-body-scan-images.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110113/01431412648/judge-says-no-to-foia-request-tsa-body-scan-images.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110113/01431412648/judge-says-no-to-foia-request-tsa-body-scan-images.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>suspect-reasoning</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110113/01431412648</wfw:commentRss>
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<item>
<pubDate>Thu, 13 Jan 2011 13:43:31 PST</pubDate>
<title>TSA Warns That If You Wear Scanner Resistant Clothing, They'll Have To Grope You</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110113/02585812651/tsa-warns-that-if-you-wear-scanner-resistant-clothing-theyll-have-to-grope-you.shtml</link>
<guid>http://www.techdirt.com/articles/20110113/02585812651/tsa-warns-that-if-you-wear-scanner-resistant-clothing-theyll-have-to-grope-you.shtml</guid>
<description><![CDATA[ With the new TSA naked scanners getting so much attention late last year, a number of different folks started offering up special clothing to wear while going through the scanners.  My favorite might be the <a href="http://cargocollective.com/4thamendment" target="_blank">undergarments with the 4th Amendment printed in metallic ink</a>, so that whoever is viewing the scan can see the "message" left for them.  Others apparently created special <a href="http://www.jaunted.com/story/2010/7/19/9748/65169/travel/%27Flying+Pasties%27+Attempt+to+Hide+Your+Nakedness+from+Full-Body+Scanners" target="_blank">"flying pasties"</a> (possibly NSFW).  While it looks like those "stickers" to put over your private parts didn't actually have anything in them to block the scanner (making them something of a scam), it appears the TSA is warning anyone who might think of wearing scanner resistant clothing.  <a href="http://consumerist.com/2011/01/tsa-trying-to-fool-scanners-with-clever-clothes-will-just-lead-to-a-pat-down.html" target="_blank">Consumerist</a> points us to a blog post from the TSA, in which they <a href="http://blog.tsa.gov/2011/01/friendly-suggestion-on-products.html" target="_blank">warn anyone who plans to wear such clothing</a> that might "conceal sensitive areas," that it will only mean that you're more likely to get groped.
<blockquote><i>
So basically, passengers should be aware that the use of these types of products will likely result in a pat-down. Some might think this is TSA's way of getting back at clever passengers. That's not the case at all. It's just security.
<br /><br />
We're certainly not going to tell you what you should or shouldn't buy or wear, but I feel it's only fair to give you a heads up on your choice of attire. 
</i></blockquote>
Seems a bit high on the passive-aggressive scale.<br /><br /><a href="http://www.techdirt.com/articles/20110113/02585812651/tsa-warns-that-if-you-wear-scanner-resistant-clothing-theyll-have-to-grope-you.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110113/02585812651/tsa-warns-that-if-you-wear-scanner-resistant-clothing-theyll-have-to-grope-you.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110113/02585812651/tsa-warns-that-if-you-wear-scanner-resistant-clothing-theyll-have-to-grope-you.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>public-service-announcement</slash:department>
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<item>
<pubDate>Thu, 23 Dec 2010 18:50:00 PST</pubDate>
<title>TSA Punishes Pilot For Videotaping Security Problems At Airports</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101223/16181612402/tsa-punishes-pilot-videotaping-security-problems-airports.shtml</link>
<guid>http://www.techdirt.com/articles/20101223/16181612402/tsa-punishes-pilot-videotaping-security-problems-airports.shtml</guid>
<description><![CDATA[ BackPackAdam alerts us to the news that a pilot in California is <a href="http://www.news10.net/news/local/story.aspx?storyid=113529&#038;catid=2" target="_blank">being disciplined by the TSA</a> because he dared to film a video highlighting problems with security at San Francisco International Airport (SFO).  The pilot himself was a Flight Deck Officer (FDO) and authorized to carry a gun on board of flights... but within days of him posting the videos to YouTube, he was met by four federal air marshals and two sheriff's deputies at his house, who ordered him to hand over his gun and to hand over his  state-issued permit to carry a concealed weapon.  He has since been informed that the TSA is reviewing his situation for possible disciplinary measures.
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The whole thing is pretty ridiculous.  All he was doing was highlighting problems with the system (specifically pointing out how pilots have to go through the full security procedure -- even though he's allowed to carry a gun and a weird axe thing onboard, while ground crew can get through security with just the swipe of a card).  The guy was highlighting flaws in the system -- classic whistleblowing, but rather than fix the system, the message from the TSA is clear: if you point out flaws in our system, we'll take it out on you.  It's classic shoot-the-messenger behavior.  The guy says he <a href="http://www.news10.net/news/story.aspx?storyid=113731&#038;catid=2" target="_blank">doesn't regret</a> what he did, but does seem a bit surprised that rather than responding to the problems, the feds seem to be coming after him.<br /><br /><a href="http://www.techdirt.com/articles/20101223/16181612402/tsa-punishes-pilot-videotaping-security-problems-airports.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101223/16181612402/tsa-punishes-pilot-videotaping-security-problems-airports.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101223/16181612402/tsa-punishes-pilot-videotaping-security-problems-airports.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>brushing-problems-under-the-rug</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101223/16181612402</wfw:commentRss>
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<item>
<pubDate>Mon, 13 Dec 2010 08:40:22 PST</pubDate>
<title>New Research Shows How Easy It Is To Get Weapons Or Explosives Past Backscatter X-Rays</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101213/00224812250/new-research-shows-how-easy-it-is-to-get-weapons-explosives-past-backscatter-x-rays.shtml</link>
<guid>http://www.techdirt.com/articles/20101213/00224812250/new-research-shows-how-easy-it-is-to-get-weapons-explosives-past-backscatter-x-rays.shtml</guid>
<description><![CDATA[ We've heard the various stories of folks getting weapons past the TSA's new scanners -- such as Adam Savage's famous <a href="http://www.youtube.com/watch?v=q3yaqq9Jjb4" target="_blank">video</a> from earlier this year, or the more recent report of a guy getting past the scanners <a href="http://consumerist.com/2010/12/oops-i-made-it-past-the-tsa-screeners-with-a-6-hunting-knife.html" target="_blank">with a 6" hunting knife</a>.  Both of those stories appeared to just be about the <i>bag</i> scanners missing stuff on the conveyor belt.  But what about the new backscanner x-ray machines?  Well, <a href="http://www.techdirt.com/profile.php?u=gindil">Jay</a> points us to some new research by two UCSF professors that indicates <a href="http://springerlink.com/content/g6620thk08679160/" target="_blank">getting dangerous weapons or explosives past the new machines</a> isn't that hard.  They look at how the machines work and the various images currently out there, as well as their understanding of x-ray technology, and point out that since the x-rays need to pass through your body, if you flattened out some plastic explosives, they probably won't be noticed, or if you <i>just put the weapon on <b>your side</b></i> the new machines probably won't spot them:
<blockquote><i>
It is very likely that a large (15&ndash;20 cm in diameter), irregularly-shaped, cm-thick
pancake with beveled edges, taped to the abdomen, would be invisible to this
technology, ironically, because of its large volume, since it is easily confused with
normal anatomy. Thus, <b>a third of a kilo of PETN, easily picked up in a competent pat
down, would be missed by backscatter "high technology". Forty grams of PETN, a
purportedly dangerous amount, would fit in a 1.25 mm-thick pancake of the
dimensions simulated here and be virtually invisible</b>. Packed in a compact mode,
say, a 1 cm×4 cm×5 cm brick, it would be detected.
<br /><br />
The images are very sensitive to the presence of large pieces of high Z material, e.
g., iron, but unless the spatial resolution is good, thin wires will be missed because
of partial volume effects. <b>It is also easy to see that an object such as a wire or a boxcutter blade, taped to the side of the body, or even a small gun in the same location,
will be invisible</b>. While there are technical means to mildly increase the conspicuity
of a thick object in air, they are ineffective for thin objects such as blades when they
are aligned close to the beam direction.
</i></blockquote>
Feeling safer?  Once again, this isn't to say that there shouldn't be a security screening process, but if we have to go through all this trouble, shouldn't we at least have a system that is at least <i>somewhat</i> effective?<br /><br /><a href="http://www.techdirt.com/articles/20101213/00224812250/new-research-shows-how-easy-it-is-to-get-weapons-explosives-past-backscatter-x-rays.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101213/00224812250/new-research-shows-how-easy-it-is-to-get-weapons-explosives-past-backscatter-x-rays.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101213/00224812250/new-research-shows-how-easy-it-is-to-get-weapons-explosives-past-backscatter-x-rays.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>feeling-safer?</slash:department>
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<pubDate>Fri, 3 Dec 2010 17:28:00 PST</pubDate>
<title>Some Sanity From Those In Power In The US Government, Concerning TSA Security &#038; Wikileaks</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101203/02104312109/some-sanity-those-power-us-government-concerning-tsa-security-wikileaks.shtml</link>
<guid>http://www.techdirt.com/articles/20101203/02104312109/some-sanity-those-power-us-government-concerning-tsa-security-wikileaks.shtml</guid>
<description><![CDATA[ While we've been highlighting the absolutely ridiculous responses by the US government to both the <a href="http://www.techdirt.com/articles/20101130/03585512056/how-us-response-turns-failed-terrrorist-attacks-into-successes.shtml">terrorism threat to airlines</a> and the <a href="http://www.techdirt.com/articles/20101202/02243512089/how-response-to-wikileaks-is-exactly-what-assange-wants.shtml">Wikileaks situation</a>, it should be noted (thankfully!) that not everyone in the US government is overreacting, and there are some clear signs of sanity.
<br /><br />
First up, we have Aaron Farnham pointing us to Defense Secretary Robert Gates' <a href="http://www.lawfareblog.com/2010/12/realism-101-on-wikileaks/" target="_blank">response to the Wikileaks disclosure of diplomatic cables</a>, that seems to take a much more rational view:
<blockquote><i>
But let me -- let me just offer some perspective as somebody who's been at this a long time. Every other government in the world knows the United States government leaks like a sieve, and it has for a long time. And I dragged this up the other day when I was looking at some of these prospective releases. And this is a quote from John Adams: "How can a government go on, publishing all of their negotiations with foreign nations, I know not. To me, it appears as dangerous and pernicious as it is novel." . . .
<br /><br />
Now, I've heard the impact of these releases on our foreign policy described as a meltdown, as a game-changer, and so on. I think -- I think those descriptions are fairly significantly overwrought. The fact is, governments deal with the United States because it's in their interest, not because they like us, not because they trust us, and not because they believe we can keep secrets.
<br /><br />
Many governments -- some governments deal with us because they fear us, some because they respect us, most because they need us. We are still essentially, as has been said before, the indispensable nation. So other nations will continue to deal with us. They will continue to work with us. We will continue to share sensitive information with one another. Is this embarrassing? Yes. Is it awkward? Yes. Consequences for U.S. foreign policy? I think fairly modest.
</i></blockquote>
The <a href="http://smallwarsjournal.com/blog/2010/11/quotable-secretary-gates-on-wi/" target="_blank">full statement</a> has even more details, where he talks about better information sharing.  Given some of the responses from others inside and outside the government, it's nice to see someone like Secretary Gates (who has been quite critical of Wikileaks in the past), come out with a more reasoned response (though it has received almost no press coverage).
<br /><br />
Similarly, Wired has an article highlighting how Michael Leiter, the director of the National Counterterrorism Center, is <a href="http://www.wired.com/dangerroom/2010/12/in-case-of-terror-attack-first-dont-panic/?utm_source=feedburner&#038;utm_medium=feed&#038;utm_campaign=Feed%3A+wired%2Findex+%28Wired%3A+Index+3+%28Top+Stories+2%29%29" target="_blank">speaking more reasonably about anti-terrorism efforts and security</a> as well, noting (as <a href="http://www.techdirt.com/articles/20101124/14002512014/tsas-failure-based-myth-perfect-security.shtml">we have</a> in the past) that "perfect security" is an impossible goal that is, itself, damaging to security.
<br /><br />
He points out that the US appears to be playing right into Al Qaeda's hands by playing up each failed terrorist attempt and then overreacting to it, noting that (like internet trolls), a better response might be to just ignore them publicly, while continuing to do things quietly on the back end to protect the country.
<br /><br />
I don't agree with everything he had to say, but given how many frustrating responses we've seen from government officials on both of these issues over the last few weeks, it's worth pointing out that not <i>everyone</i> is responding that way.<br /><br /><a href="http://www.techdirt.com/articles/20101203/02104312109/some-sanity-those-power-us-government-concerning-tsa-security-wikileaks.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101203/02104312109/some-sanity-those-power-us-government-concerning-tsa-security-wikileaks.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101203/02104312109/some-sanity-those-power-us-government-concerning-tsa-security-wikileaks.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>they're-not-all-crazy!</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101203/02104312109</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 30 Nov 2010 06:34:19 PST</pubDate>
<title>Molecular Biologist Highlights Serious Safety Concerns Over TSA Scanners</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101129/01274612033/molecular-biologist-highlights-serious-safety-concerns-over-tsa-scanners.shtml</link>
<guid>http://www.techdirt.com/articles/20101129/01274612033/molecular-biologist-highlights-serious-safety-concerns-over-tsa-scanners.shtml</guid>
<description><![CDATA[ I really haven't talked much (at all) about the "safety" concerns over the TSA's X-ray scanner devices, because a lot of it did seem like overreactions from people who didn't really know what they were talking about.  However, there does appear to be increasingly credible claims from scientists that, at the very least, what the government is saying about these machines is not at all accurate.  <a href="https://twitter.com/#!/kdawson/statuses/9033931588378624" target="_blank">Keith Dawson</a> points us to a blog post by Molecular Biologist Jason Bell, <a href="http://myhelicaltryst.blogspot.com/2010/11/tsa-x-ray-backscatter-body-scanner.html" target="_blank">reviewing the literature on these devices</a> and comparing it to questions sent by a group of scientists at UCSF, and suggesting (at best) that the government is being misleading in its claims about the safety of the devices.  Here's just a snippet:
<blockquote><i>
With respect to errors in the safety reports and/or misleading information about them, the statement that one scan is equivalent to 2-3 minutes of your flight is VERY misleading. Most cosmic radiation is composed of high energy particles that passes right through our body and the plane itself without being absorbed. The spectrum that is dangerous is known as ionizing radiation and most of that is absorbed by the hull of the airplane. So relating non-absorbing cosmic radiation to tissue absorbing man-made radiation is simply misleading and wrong. Of course these are related and there is over-lap, but we have to compare apples to apples.
<br /><br />
Furthermore, when making this comparison, the TSA and FDA are calculating that the dose is absorbed throughout the body. According the simulations performed by NIST, the relative absorption of the radiation is ~20-35-fold higher in the skin, breast, testes and thymus than the brain, or 7-12-fold higher than bone marrow. So a total body dose is misleading, because there is differential absorption in some tissues. Of particular concern is radiation exposure to the testes, which could result in infertility or birth defects, and breasts for women who might carry a BRCA1 or BRCA2 mutation.
</i></blockquote>
The report also notes that while the UCSF team was made up of well-known and well-respected scientists, the TSA's response included no author credits, and there's no indication that it was written by any actual doctors or scientists.  I'm still not convinced the medical concerns are that big of a deal (well, perhaps for TSA agents stationed near the devices...), but it is a bit troubling that the TSA isn't being particularly forthcoming on this stuff.<br /><br /><a href="http://www.techdirt.com/articles/20101129/01274612033/molecular-biologist-highlights-serious-safety-concerns-over-tsa-scanners.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101129/01274612033/molecular-biologist-highlights-serious-safety-concerns-over-tsa-scanners.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101129/01274612033/molecular-biologist-highlights-serious-safety-concerns-over-tsa-scanners.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>more-data-needed</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101129/01274612033</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 29 Nov 2010 12:01:25 PST</pubDate>
<title>Why The TSA's Searches Are Unconstitutional</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101129/00172312030/why-tsas-searches-are-unconstitutional.shtml</link>
<guid>http://www.techdirt.com/articles/20101129/00172312030/why-tsas-searches-are-unconstitutional.shtml</guid>
<description><![CDATA[ Law professor Jeffrey Rosen has an excellent <a href="http://www.washingtonpost.com/wp-dyn/content/article/2010/11/26/AR2010112604290_pf.html" target="_blank">analysis of why the TSA's new searches are unconstitutional</a>.  He notes that, even if the majority of people aren't too bothered by the searches, that doesn't change the fact that they appear to be illegal.  This is even though the courts have generally been quite deferential to the government when it comes to claims of "national security" in doing things like preventing terrorism.  He notes that, while the Supreme Court has not heard such a case, there are various appeals court rulings that set the standards for such searches:
<blockquote><i>
the U.S. Court of Appeals for the 9th Circuit ruled in 2007, that "a particular airport security screening search is constitutionally reasonable provided that it 'is no more extensive nor intensive than necessary, in the light of current technology, to detect the presence of weapons or explosives.' "
<br><Br>
In a 2006 opinion for the U.S. Court of Appeals for the 3rd Circuit, then-Judge Samuel Alito stressed that screening procedures must be both "minimally intrusive" and "effective" - in other words, they must be "well-tailored to protect personal privacy," and they must deliver on their promise of discovering serious threats. Alito upheld the practices at an airport checkpoint where passengers were first screened with walk-through magnetometers and then, if they set off an alarm, with hand-held wands. He wrote that airport searches are reasonable if they escalate "in invasiveness only after a lower level of screening disclose[s] a reason to conduct a more probing search." 
</i></blockquote>
Of course, as Rosen notes, the new searches do not pass that test by a long shot.  He also points out that an analysis of the machines suggests that -- despite claims to the contrary by the TSA -- new research shows that last year's underwear bomber would <i>not</i> have been caught with these machines, which suggests that such machines are not "effective" under the above basic definition.  Perhaps the Supreme Court will finally weigh in on this topic... though, by the time it reaches that level, the TSA will probably have moved on to even more ridiculous security theater practices.<br /><br /><a href="http://www.techdirt.com/articles/20101129/00172312030/why-tsas-searches-are-unconstitutional.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101129/00172312030/why-tsas-searches-are-unconstitutional.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101129/00172312030/why-tsas-searches-are-unconstitutional.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>hello-4th-amendment</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101129/00172312030</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 24 Nov 2010 18:33:32 PST</pubDate>
<title>TSA's Failure Based On The Myth Of Perfect Security</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101124/14002512014/tsas-failure-based-myth-perfect-security.shtml</link>
<guid>http://www.techdirt.com/articles/20101124/14002512014/tsas-failure-based-myth-perfect-security.shtml</guid>
<description><![CDATA[ As the complaints against the TSA ratchet up, various people are finally starting to point out why the whole concept of security theater is a farce.  The entire setup is based on the idea that you can have "perfect security."  But, if you wanted perfect security, the only way to do that is to not let anyone fly, ever.  As James Fallows notes it doesn't make much sense to <a href="http://www.theatlantic.com/national/archive/2010/11/like-a-full-body-massage-thinking-about-the-tsa/66923/" target="_blank">"spend limitlessly toward the impossible end of reducing the risk to zero."</a>  As he notes:
<blockquote><i>
Every society accepts some risks as part of its overall social contract. People die when they drive cars, they die when they drink, they die from crime, they die when planes go down, they die on bikes. The only way to eliminate the risks would be to eliminate the activities -- no driving, no drinking, no weapons of any kind, no planes or bikes. While risk/reward tradeoffs vary between, say, Sweden and China, no nation accepts the total social controls that would be necessary to eliminate risk altogether.
<br /><br />
Yet when it comes to dealing with terrorism, politicians know that they will not be judged on the basis of an "acceptable level of risk." They know that they can't even use that term when discussing the issue. ("Senator Flaccid thinks it's 'acceptable' for terrorists to blow up planes. On Election Day, show him that politicians who give in to terror are 'unacceptable' to us.") And they know for certain that if -- when -- a plane blows up with Americans aboard, then cable news, their political opponents, Congressional investigators, and everyone else will hunt down any person who ever said that any security measure should be relaxed.
<br /><br />
This is the political tragedy of "security theater."
</i></blockquote>
Along those lines, the Unqualified Offerings blog (via <a href="https://twitter.com/#!/normative/status/7520577363378177">Julian Sanchez</a>) does a nice job explaining how the <a href="http://highclearing.com/index.php/archives/2010/11/24/12163" target="_blank">incentives line up to create this ridiculous situation</a>.  Basically, he notes that a terrorist attack on an airplane will happen.  Some day.  No matter what we do to try to prevent it.  But once that happens, the response is going to be obvious: those who pushed hard for more ridiculous security theater that wasn't implemented will keep their jobs and retain power.  Those who pushed for more reasonable solutions will be vilified.
<blockquote><i>
100% success is usually impossible in the real world.  Given that eventually, one way or another, a terrorist will almost certainly take down a plane, the only question that management has to ask itself is what position they want to be in when that happens.  And that answer is simple:  Safe in their jobs, and poised to inherit a bigger budget.
</i></blockquote>
And that's why we get security theater.
<br /><br />
The goal isn't so much actual safety.  After all, as Jim Harper notes, if you look at the actual "risk" of a terrorist attack on an airplane today, <a href="http://www.politico.com/news/stories/1110/45565.html" target="_blank">it's pretty close to zero</a>.  But the whole process is built around trying to bring it all the way to zero, which is an impossibility, but leads to ridiculous extremes.  And, he notes, this is <i>exactly</i> how the terrorists planned it:
<blockquote><i>
This is apostasy in Washington -- where the political imperative is zero risk. But risk is a reality of life. We take risks when we drive, when we walk across a street and when we go to the fridge for that two-day-old slice of pizza.
<br /><br />
This illusory quest for zero risk helps terrorism achieve its goals. As news of "Operation Hemorrhage" -- smaller, low-cost attacks aimed to disrupt commerce and stoke fears -- demonstrates clearly, terrorism works by inducing target states to overreact. That's the only mode terrorists have for affecting major powers like the United States.
<br /><br />
We've been nothing if not a patsy to their strategy. The element of surprise, central to terrorism, forces us to defend everything against every mode of attack -- a logic that naturally bleeds us.
</i></blockquote><br /><br /><a href="http://www.techdirt.com/articles/20101124/14002512014/tsas-failure-based-myth-perfect-security.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101124/14002512014/tsas-failure-based-myth-perfect-security.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101124/14002512014/tsas-failure-based-myth-perfect-security.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>it's-not-happening</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101124/14002512014</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 24 Nov 2010 10:34:40 PST</pubDate>
<title>TSA Claims You Need To Be Naked Scanned Or Groped After A Flight?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101123/17145311999/tsa-claims-you-need-to-be-naked-scanned-groped-after-flight.shtml</link>
<guid>http://www.techdirt.com/articles/20101123/17145311999/tsa-claims-you-need-to-be-naked-scanned-groped-after-flight.shtml</guid>
<description><![CDATA[ The latest bizarre story of TSA scans, submitted by multiple readers here, is the story of blogger Matt Kernan, who recently flew from Paris to Cincinnati, and upon landing, but before being able to claim his bags, was told he had to go through a naked scanner or be groped.  He has a <a href="http://noblasters.com/post/1650102322/my-tsa-encounter" target="_blank">detailed account of what happened on his blog</a>, where he actually was able to <i>eventually</i> convince the TSA to let him through without a scan or a grope.  Some of the coverage of his story highlights the fact that he was <a href="http://globalpoliticalawakening.blogspot.com/2010/11/man-proves-tsa-policies-are.html" target="_blank">actually able to talk his way out</a> without having to through the backscatter naked scan or the groping.  And that is, indeed, an interesting point.  He highlights his Constitutional rights, which state that as a US citizen with a valid passport, he should be free to enter the country.  After a long while of going back and forth with multiple parties, he is escorted by over a dozen folks out of the security area and to the baggage claim without having to through the scanner or a groping.
<br /><br />
But what's a bigger point to me is <i>why did he have to go through such a search <b>after</b> he'd already flown</i>.  At first I thought it was to get on a connecting flight, but that's not the case.  He just wanted to leave the airport and go home, and eventually he was allowed to do just that.  He flew into the Cincinnati airport and lives in Cincinnati -- and was initially told that his only options were to be scanned or groped... or to go back through customs.  Kernan <a href="http://noblasters.com/post/1656164483/my-tsa-encounter-audio" target="_blank">recorded (audio) many of the interactions</a>.  You can hear them below:
<center>
<object width="560" height="340"><param name="movie" value="http://www.youtube.com/v/LkRPS0pSScQ?fs=1&#038;hl=en_US"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/LkRPS0pSScQ?fs=1&#038;hl=en_US" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="560" height="340"></embed></object>
<br /><br />
<object width="560" height="340"><param name="movie" value="http://www.youtube.com/v/-JQupF6HsaE?fs=1&#038;hl=en_US"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/-JQupF6HsaE?fs=1&#038;hl=en_US" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="560" height="340"></embed></object>
<br /><br />
<object width="560" height="340"><param name="movie" value="http://www.youtube.com/v/68MsiW1Fn3c?fs=1&#038;hl=en_US"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/68MsiW1Fn3c?fs=1&#038;hl=en_US" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="560" height="340"></embed></object>
<br /><br />
<object width="560" height="340"><param name="movie" value="http://www.youtube.com/v/wXHwfhoeMe8?fs=1&#038;hl=en_US"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/wXHwfhoeMe8?fs=1&#038;hl=en_US" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="560" height="340"></embed></object>
</center>
The details are interesting, and all of the interactions he has are quite fascinating.  But what is still not explained is why he needs to go through the scanner/groping process <i>after</i> the flight.  I just flew back into the US from Europe last week myself (after the "new procedures" were put into practice), and I did not have to go through scanners or a groping to get back into the country.  I haven't heard of it elsewhere, either.  I'm curious if anyone supporting the TSA position can explain how this makes any sense.  This is beyond security theater.  This is security farce.<br /><br /><a href="http://www.techdirt.com/articles/20101123/17145311999/tsa-claims-you-need-to-be-naked-scanned-groped-after-flight.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101123/17145311999/tsa-claims-you-need-to-be-naked-scanned-groped-after-flight.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101123/17145311999/tsa-claims-you-need-to-be-naked-scanned-groped-after-flight.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>say-what?!?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101123/17145311999</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 23 Nov 2010 13:32:02 PST</pubDate>
<title>TSA Agents Have 'Limited Ability' To Spot Prohibited Items In New Naked Scanners</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101122/23510311980/tsa-agents-have-limited-ability-to-spot-prohibited-items-new-naked-scanners.shtml</link>
<guid>http://www.techdirt.com/articles/20101122/23510311980/tsa-agents-have-limited-ability-to-spot-prohibited-items-new-naked-scanners.shtml</guid>
<description><![CDATA[ This probably won't come as a surprise after hearing about the massively botched TSA screening that resulted in a guy <a href="http://www.techdirt.com/articles/20101122/16310211977/botched-tsa-pat-down-leaves-traveler-covered-urine.shtml">covered in urine</a>, but a new report out by Homeland Security investigators found that <a href="http://www.wired.com/threatlevel/2010/11/tsa-training/?utm_source=feedburner&#038;utm_medium=feed&#038;utm_campaign=Feed%3A wired27b %28Blog - 27B Stroke 6 %28Threat Level%29%29" target="_blank">training of TSA agents is rushed, poorly supervised, and not up to the necessary level</a> for the new security screening procedures.
<br /><br />
For example, given all the talk about just how important these new naked scanners are, you would think that the TSA agents operating them would be properly trained to use them to see the stuff those machines are supposed to spot.  Not so, apparently.  According to the report, due to a "software problem," TSA agents were trained on images from an older generation of machines which did not adequately prepare them to use the new machines:
<blockquote><i>
TSOs must complete both new hire and recurrent training on screening technologies; however, airport training equipment is sometimes different from the devices used at screening checkpoints. According to an OTT official, when TSA deployed a new generation of x-ray machines to 81 airports, the updated recurrent training for TSOs with these machines had not been implemented because of software problems. TSOs were still training with x-ray images from older generation equipment, <b>which limits their ability to identify prohibited items using the current checkpoint equipment</b>.
</i></blockquote>
So, we're using these naked scanners even though the people operating them haven't been properly trained on them, and they're not really able to spot the prohibited items that we're told can only be spotted using these machines or a grope.  Once again, I'm trying to figure out how this makes us any safer.  You can see the full Homeland Security report, which is pretty damning, after the jump.  It highlights how the agents are often rushed through all aspects of training, and how ill prepared airports are to handle such training.  It does not suggest an organization on top of any security threat.  It suggests security theater in the extreme.  I would think that making sure security is properly trained is somewhat more important than insisting that we must see everyone naked.<br /><br /><a href="http://www.techdirt.com/articles/20101122/23510311980/tsa-agents-have-limited-ability-to-spot-prohibited-items-new-naked-scanners.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101122/23510311980/tsa-agents-have-limited-ability-to-spot-prohibited-items-new-naked-scanners.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101122/23510311980/tsa-agents-have-limited-ability-to-spot-prohibited-items-new-naked-scanners.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>comforting</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101122/23510311980</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 23 Nov 2010 10:15:46 PST</pubDate>
<title>San Diego Airport Says Recording TSA Gropings Is An Arrestible Offense?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101122/16092011976/san-diego-airport-says-recording-tsa-gropings-is-arrestible-offense.shtml</link>
<guid>http://www.techdirt.com/articles/20101122/16092011976/san-diego-airport-says-recording-tsa-gropings-is-arrestible-offense.shtml</guid>
<description><![CDATA[ We already covered the guy who was <a href="http://www.techdirt.com/articles/20101122/02490011960/man-strips-down-tsa-told-he-still-needed-to-be-groped-arrested-failing-to-complete-security-process.shtml">arrested</a> after stripping down for the TSA, highlighting how one of the charges was his failure to complete the security procedure (after stripping down, he pointed out there was no need for a pat down...).  However, there was a second charge that was even more troubling that actually deserves a separate post, which is that he was also charged with <a href="http://www.examiner.com/county-political-buzz-in-san-diego/tsa-airport-screeners-gone-wild-san-diego-again" target="_blank">"illegally recording the San Diego Airport Authority."</a>  I was trying to figure out the exact rule (listed as 7.14a), and some of the folks over at <a href="http://www.flyertalk.com/forum/travel-safety-security/1150867-new-arrests-san-diego-tsa-using-gestapo-tactics-3.html" target="_blank">Flyertalk</a> have posted the full 7.14 rule (or you can see the <A href="http://www.san.org/documents/corp_serv/Codes/Article%207/Code%207.14%20Filming.pdf" target="_blank">full San Diego Airport Authority rules</a> (pdf) if you'd like):
<blockquote><i>
(a) No person shall take still, motion or sound motion pictures or voice recordings on the facilities and airports under the jurisdiction of the San Diego County Regional Airport Authority (the "Authority") without written permission from the Authority's Executive Director or his or her designee.
<br><br>
(b) Filming of X-ray equipment located on the facilities and airports under the jurisdiction of the Authority is strictly prohibited. Any person(s) caught filming such X-ray equipment may have their film confiscated.
</i></blockquote>
I'm having trouble seeing how this rule can possibly be legal -- especially with all the stories today of TSA agents abusing (or simply not understanding) the new rules.  Recording the interactions with the TSA seems like an essential step in making sure that personal liberties are respected. Making that illegal raises all sorts of questions.  And while this is specific to San Diego Airport, it makes me wonder if there are similar restrictions elsewhere.
<br><br>
Just a few months ago, we pointed out how law enforcement and the courts were <a href="http://www.techdirt.com/articles/20100603/0859019675.shtml">abusing wiretap laws</a> to find people guilty of wiretapping for recording law enforcement in public places. Thankfully, some courts have <a href="http://www.techdirt.com/articles/20100927/16352111185/judge-tosses-out-wiretapping-charges-against-motorcyclist-who-filmed-cop-with-helmet-cam.shtml">pushed back</a> on such cases, and it seems like this is a situation where declaring an outright ban on videotaping within the airport is a restriction that doesn't make any sense at all.<br /><br /><a href="http://www.techdirt.com/articles/20101122/16092011976/san-diego-airport-says-recording-tsa-gropings-is-arrestible-offense.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101122/16092011976/san-diego-airport-says-recording-tsa-gropings-is-arrestible-offense.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101122/16092011976/san-diego-airport-says-recording-tsa-gropings-is-arrestible-offense.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>not-cool</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101122/16092011976</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 23 Nov 2010 06:57:46 PST</pubDate>
<title>Botched TSA Pat Down Leaves Traveler Covered In Urine</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101122/16310211977/botched-tsa-pat-down-leaves-traveler-covered-urine.shtml</link>
<guid>http://www.techdirt.com/articles/20101122/16310211977/botched-tsa-pat-down-leaves-traveler-covered-urine.shtml</guid>
<description><![CDATA[ It certainly appears that the TSA might need a bit more training with these new intrusive groping pat downs.  MSNBC has the story of a survivor of bladder cancer, who now has to wear a urostomy bag, which collects his urine for him alongside his body, trying to travel via the airport in Detroit.  He tried to explain all of this to the TSA folks, and asked for a private room (as has always been promised) for a pat down, after the TSA decided that something was amiss after he went through the scanner.  However, at first the TSA claimed there was no private room, then refused to listen to him explain his medical condition and did not heed warnings about how they were going to break the bag.  And, yes, you guessed it, <a href="http://www.msnbc.msn.com/id/40291856/ns/travel-news" target="_blank">the TSA broke the bag, covering the guy and his clothes in urine</a>, which he was unable to clean up until after boarding his plane.  TSA boss John Pistole has since <a href="http://www.msnbc.msn.com/id/40320562/ns/travel-news" target="_blank">called the guy to apologize</a>, but it's getting more and more difficult to take Pistole at his word when he spews his <a href="http://www.ksdk.com/news/local/story.aspx?storyid=228076&#038;catid=3" target="_blank">"trust me, I know what I'm doing"</a> speech:
<blockquote><i>
"After coming to TSA with 26 years of intelligence and law enforcement experience at the FBI, I understand the serious threats our nation faces and the security measures we must implement to thwart potential attacks"
</i></blockquote>
That's getting tougher and tougher to believe.<br /><br /><a href="http://www.techdirt.com/articles/20101122/16310211977/botched-tsa-pat-down-leaves-traveler-covered-urine.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101122/16310211977/botched-tsa-pat-down-leaves-traveler-covered-urine.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101122/16310211977/botched-tsa-pat-down-leaves-traveler-covered-urine.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>these-are-experts</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101122/16310211977</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 22 Nov 2010 12:31:50 PST</pubDate>
<title>Man Strips Down For TSA, Told He Still Needed To Be Groped; Arrested For Failing To Complete Security Process</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101122/02490011960/man-strips-down-tsa-told-he-still-needed-to-be-groped-arrested-failing-to-complete-security-process.shtml</link>
<guid>http://www.techdirt.com/articles/20101122/02490011960/man-strips-down-tsa-told-he-still-needed-to-be-groped-arrested-failing-to-complete-security-process.shtml</guid>
<description><![CDATA[ The TSA stories are coming fast and furious these days.  The latest takes place (yet again) at the San Diego airport, where a guy first refused to go through the naked image scanner, and when he was told he had to be patted down <a href="http://www.examiner.com/county-political-buzz-in-san-diego/tsa-airport-screeners-gone-wild-san-diego-again" target="_blank">stripped down to his bicycle underwear</a>, which (as he noted) "left nothing to the imagination."  His argument was that at that point, he shouldn't need a pat down, but the TSA ordered him to put his clothes back on so he could be patted down.  He argued that they could just go through his clothes.  End result?  Guy in underwear gets arrested, handcuffed, and escorted through the airport in his underwear -- and is being charged with the same thing that the <a href="http://www.techdirt.com/articles/20101115/11033711873/tsa-threatens-to-sue-guy-for-not-agreeing-to-having-his-groin-touched-by-tsa-agents.shtml">"don't touch my junk"</a> guy was threatened with: "failing to complete the security process."  Feeling safer?<br /><br /><a href="http://www.techdirt.com/articles/20101122/02490011960/man-strips-down-tsa-told-he-still-needed-to-be-groped-arrested-failing-to-complete-security-process.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101122/02490011960/man-strips-down-tsa-told-he-still-needed-to-be-groped-arrested-failing-to-complete-security-process.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101122/02490011960/man-strips-down-tsa-told-he-still-needed-to-be-groped-arrested-failing-to-complete-security-process.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>grope-grope-grope</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101122/02490011960</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 19 Nov 2010 15:02:00 PST</pubDate>
<title>Pilot Sues TSA For Overly Intrusive Searches</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101118/15424611927/pilot-sues-tsa-overly-intrusive-searches.shtml</link>
<guid>http://www.techdirt.com/articles/20101118/15424611927/pilot-sues-tsa-overly-intrusive-searches.shtml</guid>
<description><![CDATA[ Before the <a href="http://www.techdirt.com/articles/20101115/11033711873/tsa-threatens-to-sue-guy-for-not-agreeing-to-having-his-groin-touched-by-tsa-agents.shtml">don't touch my junk</a> guy, there was Michael Roberts, the pilot who, back in October, <a href="http://www.techdirt.com/articles/20101020/00593911491/pilot-not-allowed-through-security-after-he-refuses-naked-backscatter-scan.shtml">refused</a> both the naked backscatter scan and the intrusive groping pat-down, was not allowed to fly his plane, and was put on leave by his company (ExpressJet).  He's now <a href="http://www.wxii12.com/news/25837697/detail.html" target="_blank">suing the TSA over the search process</a>:
<blockquote><i>
"People are messed up because they touch your crotch," pilot Michael Roberts said. "They touch your bottom, your breasts, I mean, everything.
</i></blockquote>
That said, I haven't seen the actual legal filing, so I'm not sure if he has much of an actual case here.  It will be interesting to follow either way.<br /><br /><a href="http://www.techdirt.com/articles/20101118/15424611927/pilot-sues-tsa-overly-intrusive-searches.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101118/15424611927/pilot-sues-tsa-overly-intrusive-searches.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101118/15424611927/pilot-sues-tsa-overly-intrusive-searches.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>and-here-we-go</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101118/15424611927</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 19 Nov 2010 08:42:38 PST</pubDate>
<title>TSA Likely To Face Multiple Sexual Assault Charges For New Searches</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101118/15134711926/tsa-likely-to-face-multiple-sexual-assault-charges-new-searches.shtml</link>
<guid>http://www.techdirt.com/articles/20101118/15134711926/tsa-likely-to-face-multiple-sexual-assault-charges-new-searches.shtml</guid>
<description><![CDATA[ Think the complaints about the TSA are beginning to reach a tipping point?  There's a whole bunch of new news on this front, starting with a California district attorney saying that he's ready to <a href="http://content.usatoday.com/communities/ondeadline/post/2010/11/official-in-calif-warns-against-inappropriate-pat-downs/1" target="_blank">charge TSA agents with sexual assault</a> if evidence is presented that the new pat downs go too far (apparently <a href="http://www.montrealgazette.com/news/Calif+prosecutors+they+charge+agents+downs+inappropriate/3845612/story.html" target="_blank">multiple DAs</a> are now saying this).
<br /><br />
Hopefully, some other DAs are willing to do the same, because some are ready and willing to file sexual assault charges.  Richard Kulawiec points us to the news of how a nursing mother in Dayton <a href="http://www.ourlittlechatterboxes.com/2010/11/tsa-sexual-assault.html" target="_blank">feels she was sexually assaulted by the TSA</a>.  Contrary to claims from the TSA, she was not informed that her private parts would be touched (repeatedly, from the sound of it).  She was not given the option of having it happen in a private area.  And, she notes, this was not about her refusal to go through a full body backscatter scanner, since those aren't even in operation at that airport.  The account is pretty chilling as the woman is clearly quite troubled by the experience (as she should be).
<br /><br />
Along those lines, at the federal level, Ron Paul has introduced new legislation that would make it clear that TSA agents <a href="http://www.rawstory.com/rs/2010/11/ron-paul-introduces-american-traveler-dignity-act/" target="_blank">are subject to sexual harassment laws</a>.  You can see him speaking about it here:
<center>
<object width="560" height="445"><param name="movie" value="http://www.youtube.com/v/d-N5adYM7Kw?fs=1&#038;hl=en_US"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/d-N5adYM7Kw?fs=1&#038;hl=en_US" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="560" height="445"></embed></object>
</center>
Separately, reports are coming out that TSA agents <a href="http://www.openmarket.org/2010/11/18/tsa-officers-are-not-screened-for-psychological-problems/" target="_blank">are not screened for psychological problems</a>.  In fact, the process doesn't take much at all:
<blockquote><i>
TSA doesn't require much at all, it turns out. This government agency-gone-wild performs a background check to weed out applicants who are convicted felons, but TSA does not test at all for applicants&rsquo; psychological soundness.
<br /><br />
These are low-wage government employees granted full authority to touch passengers however they like. There is no indication that TSA agents have selectively abused their authority, but as with all government programs: If there are no checks in place to limit power, authority will be abused. Forget racial profiling; if there no limits to officials&rsquo; power, what would stop them from claiming the most attractive powers need a more thorough patdown?
</i></blockquote>
In fact, it's so silly that the parody video below, of a "porn-addict applying for a job at the TSA" really doesn't seem all that far-fetched these days:
<center>
<object width="560" height="445"><param name="movie" value="http://www.youtube.com/v/kr4rNR3CdxY?fs=1&#038;hl=en_US"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/kr4rNR3CdxY?fs=1&#038;hl=en_US" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="560" height="445"></embed></object>
</center>
Meanwhile, a Congressman from Florida is telling airports they should <a href="http://www.npr.org/templates/story/story.php?storyId=131425210" target="_blank">ditch the TSA</a> and find alternative options for security -- and it appears that <a href="http://hotair.com/archives/2010/11/18/revolt-orlando-airport-to-drop-tsa-as-security-screeners/" target="_blank">Orlando Airport has decided to do exactly that</a>.  Of course, I'm not convinced that private security agents will be any better, and they still have to follow TSA guidelines, so I'm not sure it'll really make that much of a difference.  But it does show the level to which lots of folks are fed up.
<br /><br />
That said, apparently legislators in New Jersey and Idaho have <a href="http://www.boingboing.net/2010/11/16/nj-id-legislators-re.html?utm_source=feedburner&#038;utm_medium=feed&#038;utm_campaign=Feed%3A+boingboing%2FiBag+%28Boing+Boing%29&#038;utm_content=Google+Reader" target="_blank">introduced legislation banning the naked body scanners</a> (oh and <a href="http://www.wired.com/threatlevel/2010/11/scan-ban/?utm_source=feedburner&#038;utm_medium=feed&#038;utm_campaign=Feed%3A+wired27b+%28Blog+-+27B+Stroke+6+%28Threat+Level%29%29" target="_blank">in New York as well</a>).  Of course, I'm sure the TSA will just claim that in the absence of the machines, they'll just have to do more groping.
<br /><br />
As for the TSA?  Well, it's still trying to defend its position.  Its latest is to claim that <a href="http://www.foxnews.com/us/2010/11/18/tsa-enhanced-imaging-kept-illegal-dangerous-items-plans-year/" target="_blank">130 prohibited, illegal or dangerous items</a> have been kept off airplanes in the past year.  What, like nail clippers and bottles of water?  Where are the actual details?  What has been caught?  Who has been arrested?  What happened to them?<br /><br /><a href="http://www.techdirt.com/articles/20101118/15134711926/tsa-likely-to-face-multiple-sexual-assault-charges-new-searches.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101118/15134711926/tsa-likely-to-face-multiple-sexual-assault-charges-new-searches.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101118/15134711926/tsa-likely-to-face-multiple-sexual-assault-charges-new-searches.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>tipping-point</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101118/15134711926</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 17 Nov 2010 14:27:25 PST</pubDate>
<title>TSA Does Full Grope Search On Screaming Three Year Old [Update]</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101117/12023811913/tsa-does-full-grope-search-on-screaming-three-year-old.shtml</link>
<guid>http://www.techdirt.com/articles/20101117/12023811913/tsa-does-full-grope-search-on-screaming-three-year-old.shtml</guid>
<description><![CDATA[ There certainly are a lot of TSA search stories these days but it's an important topic, so we'll keep covering it as long as there are interesting stories.  The latest, found via <a href="http://it.slashdot.org/story/10/11/17/1620203/TSA-Pats-Down-3-Year-Old?from=twitter" target="_blank">Slashdot</a>, is of a <a href="http://www.sfgate.com/cgi-bin/blogs/sfmoms/detail?entry_id=77140" target="_blank">three year old girl who got a full pat down</a> while screaming at the TSA agents not to touch her. <b>Update</b>: Pointed out in the comments is that this actually happened "pre-enhanced pat down."  This original story was from 2009, but the press seems to have picked up on it again...   Apparently, she was initially upset at having to send her teddy bear through the machine and she then refused to go through the scanning device herself.  Her actions somehow set off the scanner's alarm, leading to a TSA agent trying to do a forced pat down.  The girl's father is a reporter and caught 17-seconds of the pat down on his mobile phone.
<br><br>
Oddly, it appears that the Tribune Company is pulling down this video every time it appears on YouTube.  It's not clear why the Tribune Company won't allow it to stay up but others keep re-uploading it.  <a href="http://www.youtube.com/watch?v=VJNY_PTULO4" target="_blank">This version is working</a> as I type this, but it might not be for long.<br /><br /><a href="http://www.techdirt.com/articles/20101117/12023811913/tsa-does-full-grope-search-on-screaming-three-year-old.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101117/12023811913/tsa-does-full-grope-search-on-screaming-three-year-old.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101117/12023811913/tsa-does-full-grope-search-on-screaming-three-year-old.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>i-feel-much-more-secure-now</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101117/12023811913</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 17 Nov 2010 12:21:25 PST</pubDate>
<title>TSA Defending Its Groin Grabbing Or Naked Image Security Techniques</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101117/01402111906/tsa-defending-its-groin-grabbing-or-naked-image-security-techniques.shtml</link>
<guid>http://www.techdirt.com/articles/20101117/01402111906/tsa-defending-its-groin-grabbing-or-naked-image-security-techniques.shtml</guid>
<description><![CDATA[ Following all the negative publicity about the TSA's <a href="http://www.techdirt.com/articles/20101115/11033711873/tsa-threatens-to-sue-guy-for-not-agreeing-to-having-his-groin-touched-by-tsa-agents.shtml">scanning techniques</a>, the TSA is now going all out to defend its practices.  First, while announcing that it has started <a href="http://www.wired.com/threatlevel/2010/11/tsa-investigating-passenger/?utm_source=feedburner&#038;utm_medium=feed&#038;utm_campaign=Feed%3A+wired%2Findex+%28Wired%3A+Index+3+%28Top+Stories+2%29%29" target="_blank">investigating the "don't touch my junk" case</a> in San Diego, the TSA seems to be standing by its position, telling a reporter:
<blockquote><i>
"What he's done, he&rsquo;s violated federal law and federal regulations which states once you enter and start the process you have to complete it." 
</i></blockquote>
On its own blog, the TSA's pseudonymous blogger "Bob" has also <a href="http://blog.tsa.gov/2010/11/opting-out-of-advanced-imaging.html" target="_blank">defended both the procedure</a> and the potential for a fine for backing out of the search:
<blockquote><i>
AIT is optional for everybody. However, if you decide to opt-out of AIT screening, you must undergo alternative screening, which will include a pat-down. As I've said before, there is nothing punitive about it- it just makes good security sense. Obviously a passenger can't completely opt out of all screening if they opt out of AIT. That would not make good security sense. AIT is deployed to help us find non-metallic threats, so if you'e selected for AIT and choose to opt-out, we still need to check you for non-metallic threats. That's why a pat-down is required. If you refuse both, you can't fly. It is important that all screening procedures are completed.  This ensures that terrorists do not have an opportunity to probe TSA's procedures by electing not to fly just as TSA's screening procedures are on the verge of detecting that the passenger is a terrorist. 
</i></blockquote>
This sounds logical for about half a second until you actually think about it (apparently the TSA is figuring you won't).  That's because it's still letting <i>most people</i> in airports <b>just</b> go through the metal scanner.  So, claiming that "all screening procedures" must be completed for all passengers is simply false.  For the vast majority of passengers, they just go through the metal detector and are <b>never</b> screened for non-metallic items, contrary to the TSA's claims here.
<br /><br />
As for that final claim, it's almost as if the TSA doesn't even think through the logical next steps.  Let's say you're a terrorist with explosive underwear (the threat we're told this is designed to stop).  You get selected for the backscatter naked scan, and refuse.  Then you know you're about to be searched and you can't back out.  What do you do?  Your options are to get caught and arrested... or to <b>blow the airport sky high right there</b> with all the people around you.  Which do you think is more likely?
<br /><br />
The latest is that this debate has moved onto Congress, with Senator Lieberman <a href="http://news.cnet.com/8301-31921_3-20023038-281.html?part=rss&#038;subj=news&#038;tag=2547-1_3-0-20" target="_blank">asking a bunch of softball questions to TSA administrator John Pistole</a>, where Pistole insists these techniques will actually help terrorist threats:
<blockquote><i>
What I am concerned about, and I know many share this concern, is if we have an individuals who opts out of the advanced imaging technology--let's say Abdulmutallab had done that, if that had been the case in (inaudible). If he had opted out, thinking that, well, I'm not going to receive a thorough pat-down, so I can get on that flight, and if that had been successful on Christmas Day, I think we might be having a different dialogue here this afternoon and in the public. 
</i></blockquote>
Ok, let's just be clear here.  Abdulmutallab -- last year's underwear bomber -- <i>was successful</i> in getting on the plane.  What stopped him was not TSA security, but passengers on the plane seeing what he was up to.  That brings up a separate question.  Has the TSA <i>ever</i> caught anyone with a bomb with these procedures, <i>ever</i>?  Security theater doesn't make people safer.<br /><br /><a href="http://www.techdirt.com/articles/20101117/01402111906/tsa-defending-its-groin-grabbing-or-naked-image-security-techniques.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101117/01402111906/tsa-defending-its-groin-grabbing-or-naked-image-security-techniques.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101117/01402111906/tsa-defending-its-groin-grabbing-or-naked-image-security-techniques.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>so-next-we'll-have-someone-blow-up-the-airport</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101117/01402111906</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 16 Nov 2010 08:26:55 PST</pubDate>
<title>If You Don't Get Every Detail Of Your TSA Detention Exactly Right, The TSA May Publicly Shame You</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101115/18151111874/if-you-don-t-get-every-detail-of-your-tsa-detention-exactly-right-the-tsa-may-publicly-shame-you.shtml</link>
<guid>http://www.techdirt.com/articles/20101115/18151111874/if-you-don-t-get-every-detail-of-your-tsa-detention-exactly-right-the-tsa-may-publicly-shame-you.shtml</guid>
<description><![CDATA[ Following our story on the guy, who was <a href="http://www.techdirt.com/articles/20101115/11033711873/tsa-threatens-to-sue-guy-for-not-agreeing-to-having-his-groin-touched-by-tsa-agents.shtml">detained by the TSA</a> for refusing to go through a backscatter scan or to have his groin fondled by TSA agents, some folks pointed to a similar experience by Meg McClain, which she <a href="http://www.youtube.com/watch?v=sJGvsAgpfig" target="_blank">detailed on a radio program</a>.  You can hear her story here:
<center>
<object width="560" height="340"><param name="movie" value="http://www.youtube.com/v/sJGvsAgpfig?fs=1&amp;hl=en_US"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/sJGvsAgpfig?fs=1&amp;hl=en_US" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="560" height="340"></embed></object>
</center>
In response, the TSA has put out a public blog posting, which <a href="http://blog.tsa.gov/2010/11/response-to-female-radio-host-cuffed-to.html" target="_blank">more or less calls McClain a liar</a>.  They took the somewhat extraordinary step of publishing the surveillance videos of what happened during McClain's detention, suggesting that it proves she lied about the incident.  The videos have no sound and for much of it you can't really see what's going on.  It does suggest that McClain may have exaggerated some aspects of the detention.  Rather than an hour, it looks as if it lasted more like 25 minutes.  There may not have been a "dozen" police and TSA agents, but (especially towards the end) there are an awful lot (and some appear to be out of the camera's frame at times).  Also, she claims that no one else had to go through the backscatter scans while she was detained -- and suggests she was "singled out" -- but that's not the case.  Though, it does appear that no one else is brought over to the roped off area for a full on search while she was held in that area.
<br><br>
The big controversial claims involve whether or not she was handcuffed.  While her version of the events stated she was handcuffed to the original chair she was placed in, that is not true.  Some viewers of the second video <a href="http://wewontfly.com/tsa-videos-meg-mclain" target="_blank">suggest</a> that as she's escorted from the area, it appears her hands are bound together in some way.  Honestly, it's a little tough to tell one way or the other from the video.  Her hands are definitely held together during the time she's escorted away.  Why that's the case is not clear.  You can see both videos below, though, they're relatively long and not much happens:
<center>
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<br><br>
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What I find a lot more troubling about the entire thing, however, is this idea that if you speak out against the way you were treated the government might come out and try to publicly shame you by claiming you were lying.  These types of incidents can be quite nerve-wracking, and it's unlikely that anyone going through them will get every single detail correct, even if the larger description of what happened is accurate.  The same thing was true of the other story in San Diego, where the guy even admitted he was so shaken he didn't remember the exact order that things happened.
<br><br>
For the government's response to be to attack someone's credibility based on getting some small things wrong, rather than acknowledging the larger concerns raised by these types of searches and detentions, is really quite troubling.<br /><br /><a href="http://www.techdirt.com/articles/20101115/18151111874/if-you-don-t-get-every-detail-of-your-tsa-detention-exactly-right-the-tsa-may-publicly-shame-you.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101115/18151111874/if-you-don-t-get-every-detail-of-your-tsa-detention-exactly-right-the-tsa-may-publicly-shame-you.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101115/18151111874/if-you-don-t-get-every-detail-of-your-tsa-detention-exactly-right-the-tsa-may-publicly-shame-you.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>how-nice-of-them...</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101115/18151111874</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 12 Apr 2010 15:51:00 PDT</pubDate>
<title>TSA Admits That Body Scan Machines Can Record Images</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100405/0242138878.shtml</link>
<guid>http://www.techdirt.com/articles/20100405/0242138878.shtml</guid>
<description><![CDATA[ With the new body scanning machines showing up at more and more airports, there still are lots of concerns over privacy and what might happen to the images of the scans.  The TSA insists that the images are quickly discarded, but <a href="http://twitter.com/PrivacyLaw/statuses/11537641174" target="_blank">Michael Scott</a> points us to the news that the TSA has now admitted that the devices <a href="http://epic.org/2010/04/tsa-concedes-body-scanners-sto.html" target="_blank">can store and record images</a>, but insists that's only done for "testing, training, and evaluation purposes."  However, the TSA also admitted that there's nothing preventing this "test mode" from being turned on while in regular use.  How long until there's some sort of "terrorist" incident that leads to a new requirement that all scans be recorded?<br /><br /><a href="http://www.techdirt.com/articles/20100405/0242138878.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100405/0242138878.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100405/0242138878.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>but-that-won't-be-used.-really.-trust-us.</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100405/0242138878</wfw:commentRss>
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<item>
<pubDate>Thu, 14 Jan 2010 19:44:00 PST</pubDate>
<title>NY Times Finds An 8-Year-Old On TSA Flight Watch List</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100114/1246057761.shtml</link>
<guid>http://www.techdirt.com/articles/20100114/1246057761.shtml</guid>
<description><![CDATA[ Back in 2007, the TSA wrote a "mythbuster" blog post on its site claiming that <a href="http://www.tsa.gov/approach/mythbusters/8yo_noflylist.shtm" target="_blank">no 8-year-olds were on the TSA "no fly" list</a>, which apparently was a challenge to the NY Times.  While it didn't actually find an 8-year-old on the "no fly" list, it <a href="http://www.nytimes.com/2010/01/14/nyregion/14watchlist.html?sudsredirect=true" target="_blank">did find one on the "watch list."</a>  To be fair, the TSA in its blog post does acknowledge that there could be some 8-year-olds on the <i>watch list</i>, but none on the <i>no fly list</i>.  And the Times did not find one on the <i>no fly</i> list -- so the TSA's blog post is technically accurate.
<br /><br />
That said, the TSA blog post also claims that if there are mistakes that lead to an 8-year-old being on the watch list, airlines can "automatically deselect" them.  And... that did not appear to happen.  The kid that the NYT found apparently gets vigorously searched every time he flies.  The Times did get the TSA to say on record that "there are no children on the no-fly or selectee lists," but the fact that little Mikey Hicks gets searched so much highlights the problem.  Right now, it seems like everything is based on a name alone.  That's not particularly sophisticated.  By this point, shouldn't the TSA have better tools than just a name to determine if someone is worth additional scrutiny?<br /><br /><a href="http://www.techdirt.com/articles/20100114/1246057761.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100114/1246057761.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100114/1246057761.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>good-data-mining</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100114/1246057761</wfw:commentRss>
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<pubDate>Mon, 4 Jan 2010 10:40:19 PST</pubDate>
<title>TSA Withdrew Subpoenas On Travel Bloggers... But Serious Questions Linger</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100104/0312157576.shtml</link>
<guid>http://www.techdirt.com/articles/20100104/0312157576.shtml</guid>
<description><![CDATA[ Last week, the news that the TSA visited two travel bloggers who had written about some rather obvious "security directives" that the TSA had refused to confirm publicly (i.e., that everyone boarding a flight to the US would get a pat down) got a fair bit of <a href="http://www.techdirt.com/articles/20091230/0122067544.shtml">attention</a>.  Beyond just seeking their sources, the TSA agents had subpoenas and with one of the bloggers, were quite threatening and ended up confiscating his laptop (which was then damaged when it was returned).  With the story getting so much attention, the TSA <a href="http://www.wired.com/threatlevel/2009/12/tsa-withdraws-subpoenas/" target="_blank">withdrew the subpoenas</a> saying they were no longer necessary.  While some are attributing this to the negative publicity received in the press, it seems more likely that they had figured out what they needed (especially with Steven Frischling handing over his laptop).
<br /><br />
There are two other aspects of the story that remain in question and are somewhat troubling.  The first is the issue raised by Danny Sullivan about <a href="http://searchengineland.com/did-google-get-a-tsa-subpeona-32684">Google's role in this effort</a>.  It came out in the early reports that both bloggers had received the notice from someone with a Gmail account.  Google won't comment on whether or not it received a subpoena in this case, but it seems likely that it did.  In fact, as Sullivan points out, Google -- unlike some other companies -- often seems quite <a href="http://www.techdirt.com/articles/20090831/1713366058.shtml">willing to comply</a> with such subpoenas without giving users a chance to protect themselves.  This is the company's right, of course, but given Google's own positioning as a protector of user rights, you would think it would be a bit more aggressive on this front.
<br /><br />
The second issue concerns reports that the TSA more or less <a href="http://www.tnooz.com/2010/01/02/news/did-tsa-ghost-write-flyingwithfish-tweet-twitter-coercion/#comments" target="_blank">forced Frischling to post a Twitter message</a>, asking the guy who sent him the original email to email him again.  Again, earlier reports had noted that Frischling had already <a href="http://www.wired.com/threatlevel/2009/12/dhs-threatens-blogger/" target="_blank">deleted the email</a> when the TSA agents had arrived.  So, the suggestion is that they wanted to get him to email again.  An "anonymous source" (so take it for what it's worth) is claiming that the TSA agents typed a message into Twitter asking the guy to send Frischling an email, but told Frischling to actually "send" the Twitter message, so they could deny that they had posted it.
<br /><br />
Given all of this, it seems like there's a half decent chance that the TSA withdrew the subpoenas because it already had what it needed.  It could get the guy's email from Frischling's computer after the guy emailed back -- and then could subpoena Google to find out who it was, without getting much pushback.  The bigger question, though, remains why this is happening at all.  The "security directive" wasn't classified.  It wasn't secret and it was <i>obvious</i> to anyone who happened to fly into the US from a foreign country.  If the TSA really thinks that keeping something like this secret somehow makes us more secure, it's even more messed up than previously thought.
<br /><br />
And, once again, we're reminded why we should have a <a href="http://www.techdirt.com/articles/20091030/1111426741.shtml">federal shield law</a> to protect anyone engaged in journalism from having to reveal their sources.<br /><br /><a href="http://www.techdirt.com/articles/20100104/0312157576.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100104/0312157576.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100104/0312157576.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>this-is-security?</slash:department>
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<pubDate>Wed, 30 Dec 2009 10:54:51 PST</pubDate>
<title>Post TSA's New Security Rules And Get A Visit And Subpoena From Homeland Security</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20091230/0122067544.shtml</link>
<guid>http://www.techdirt.com/articles/20091230/0122067544.shtml</guid>
<description><![CDATA[ With the failed attempted terrorist attack last week, there has been a tremendous amount of confusion and changing stories concerning airline security.  What was especially odd was that there were so many conflicting reports about what the TSA was requiring that it really made the very concept of flying a total pain.  There were some reports saying that no carry on baggage was allowed and other reports saying no electronics were allowed.  Then there were the reports that you could carry on one bag, but wouldn't be able to leave your seat in the last hour of the flight or have anything (anything at all) on your lap during that hour.  Every flight seemed to be different and the TSA was silent for a few days, before finally issuing a <a href="http://www.tsa.gov/press/happenings/dec25_guidance.shtm" target="_blank">vague "guidance" press release</a> that didn't really answer any questions.  Basically, the TSA said that it was changing rules constantly.  One supposes that the idea was to completely vary the rules so that no "terrorist" could prepare for them and get around them, and I actually can see some merit in that, <i>conceptually</i>.  But from a travelers' perspective, it's ridiculous.  You simply can't plan ahead with any sense of reason.
<br><br>
And since the TSA was so quiet and/or vague, there were a ton of people searching for information.  Even the NY Times was <a href="http://www.nytimes.com/2009/12/27/us/27security.html" target="_blank">relying on info found on airline websites</a> rather than the TSA itself.  So it was of little surprise that there would be plenty of demand for anyone to share any info that they knew -- not for any nefarious purpose, but just so regular travelers could properly prepare for their trip.
<br><br>
Among those who found and posted such information was blogger/reporter and travel expert Christopher Elliott, who regularly blogs about travel issues.  He <a href="http://www.elliott.org/blog/tsa-orders-pat-down-of-all-passengers-during-boarding/" target="_blank">posted the details of a TSA order requiring pat-downs of all passengers</a> on international inbound flights.  The order that he posted had been sent to US Airways employees, and seemed like a reasonable bit of information that people would probably like to know about, so it's no surprise that Elliott blogged about it.  But last night, Elliott received a surprising knock on the door <a href="http://www.elliott.org/blog/full-text-of-my-subpoena-from-the-department-of-homeland-security/" target="_blank">from a Federal Agent with a subpoena</a> demanding he hand over the details of where he received the info on the pat down procedure (thanks to <a href="http://www.robhyndman.com/" target="_blank">Rob Hyndman</a> who pointed me to <a href="http://boardingarea.com/blogs/onemileatatime/2009/12/29/blogger-gets-subpoena-for-posting-security-directive/" target="_blank">an account of this incident</a>).
<br><br>
Now, the argument in favor of this action is that these sorts of security procedures are probably supposed to be kept quiet (again, the idea would be to throw off any terrorist), but if you actually <i>think</i> about this, it doesn't make any sense.  First, it wouldn't take long at all for reports of universal pre-boarding pat downs to be spread around.  After all, thousands of people get on planes to fly to the US every day.  In fact, among the many stories I heard, the universal pat down story was among them.  So it's not like it's actually a <i>secret</i>.  It's quite clear from what's being done.  Second, if the TSA's security plan is based on keeping information like this "secret" (even if it's made obvious by their actions), then we're in even more trouble than I thought.  It's security through <i>pretend obscurity</i>.  It's ostrich-level security theater.  It's security theater where the idea is that if the TSA <i>pretends</i> no one knows what's actually happening, then it can assume that no one knows what the procedures really are for airport security.
<br><br>
Instead, the whole thing (once again) demonstrates how silly the TSA security procedures are.  And, oh yeah, rather than sending federal agents to issue subpoenas to folks like Elliott to figure out how he got the security procedures, shouldn't Homeland Security be spending more time <i>tracking terrorists</i> and coming up with plans that <i>actually make us safer</i>?  What good is it engaging in a witch hunt over who passed on the obvious info that people get patted down before they board a US-bound flight?
<br><br>
<b>Update</b>: Wired has details of <a href="http://www.wired.com/threatlevel/2009/12/dhs-threatens-blogger/" target="_blank">another blogger who received a similar visit</a>, that was a lot less friendly (lots of threats involved) named Steven Frischling.  Frischling cooperated, and they went through his phone -- even calling his mom, and then wanted to get an image of his hard drive.  When they had trouble making the image, they ended up taking his laptop.  I'm still confused as to how this makes anyone safer.<br /><br /><a href="http://www.techdirt.com/articles/20091230/0122067544.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20091230/0122067544.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20091230/0122067544.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>chilling-effects</slash:department>
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<item>
<pubDate>Fri, 16 Nov 2007 14:12:40 PST</pubDate>
<title>TSA Inspections Are Still A Farce</title>
<dc:creator>Timothy Lee</dc:creator>
<link>http://www.techdirt.com/articles/20071116/104044.shtml</link>
<guid>http://www.techdirt.com/articles/20071116/104044.shtml</guid>
<description><![CDATA[ If you thought taking your shoes off and putting your liquids in little plastic bags was going to stop terrorists from smuggling bombs onto planes, think again. A new report from the Government Accountability Office finds that <a href="http://www.nbc4.com/news/14600788/detail.html?dl=mainclick">investigators were able to smuggle bomb components through TSA checkpoints</a> without being caught. This isn&#39;t much of a surprise; a <a href="http://www.techdirt.com/articles/20061101/113122.shtml">similar test</a> last year found that the TSA caught only 2 out of 22 people who tried to smuggle dummy weapons through checkpoints in a Newark airport. This is not really surprising. The TSA&#39;s strategy has been basically reactive: the 9/11 hijackers used box cutters, so those get banned. Somebody tries to <a href="http://en.wikipedia.org/wiki/Richard_Colvin_Reid">smuggle explosives onboard in his shoes</a>, so the TSA makes us all take our shoes off. Somebody tries to <a href="http://www.schneier.com/blog/archives/2006/08/terrorism_secur.html">smuggle liquid explosives</a> onto a plane, so the TSA bans bottled water. There&#39;s <a href="http://www.schneier.com/interview-hawley.html">no reason to think these rules actually make us safer</a>, but they do allow the TSA to pretend they&#39;re &quot;doing something&quot; about terrorism. A TSA spokeswoman insists that this wasn&#39;t a fair test because they only got by one of their &quot;19 layers of security.&quot; I wouldn&#39;t be surprised if the other 18 layers were as ineffectual than the others, but one thing that can be said for them is that they&#39;re a lot less annoying for travelers. How about if the TSA stops wasting resources forcing 5-year-old girls to take their shoes off, and shift those resources to the sort of in-depth police work that <a href="http://www.schneier.com/blog/archives/2006/08/terrorism_secur.html">led to the foiling of last year&#39;s liquid explosives plot.</a><br /><br /><a href="http://www.techdirt.com/articles/20071116/104044.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20071116/104044.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20071116/104044.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>security-theater</slash:department>
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