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<title>Techdirt. Stories filed under &quot;scanners&quot;</title>
<description>Easily digestible tech news...</description>
<link>http://www.techdirt.com/</link>
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<image><title>Techdirt. Stories filed under &quot;scanners&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<pubDate>Wed, 2 Jan 2013 13:34:00 PST</pubDate>
<title>Patent Troll Shell Companies Shake Down Small Businesses For $1k Per Employee For Using Network Scanner</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130102/08174721543/patent-troll-shell-companies-shake-down-small-businesses-1k-per-employee-using-network-scanner.shtml</link>
<guid>http://www.techdirt.com/articles/20130102/08174721543/patent-troll-shell-companies-shake-down-small-businesses-1k-per-employee-using-network-scanner.shtml</guid>
<description><![CDATA[ In the latest example of just how broken our patent system is, Joe Mullin has an excellent and detailed article unveiling <a href="http://arstechnica.com/tech-policy/2013/01/patent-trolls-want-1000-for-using-scanners/" target="_blank">one of the latest patent trolling scams</a>: using some vague and highly questionable patents, combined with a series of shell companies, to send out tons of letters to small businesses, demanding approximately $1,000 <b>per employee</b> from any company that has a scanner connected to a network which has a "scan to email" function (as most new scanners do).  The story is bizarre and complex, but that's part of the "game" that the trolls are playing to try to hide their trail.
<br /><br />
Go read the long version, but the more compact version is that it appears that patent trolls are learning from some of the "innovations" of today's copyright trolling programs in which the focus is to broadly hit a ton of small possible "licensees" in the hopes that a reasonable percentage pays up.  Traditionally, patent trolling mostly focused on larger companies with big bank accounts, thinking that most would rather just pay up than deal with the lawsuit.  But this new generation is even more nefarious.  The example in the article is a series of ridiculous patents originally granted to "Laurence Klein," which lawyers are now claiming cover using a scanner that's connected to the internet to email a scan.  Here are the patents in question:
<ul>
<li><a href="http://www.google.com/patents/US6185590" target="_blank">US Patent 6,185,590</a>: Process and architecture for use on stand-alone machine and in distributed computer architecture for client server and/or intranet and/or internet operation environments
</li><li><a href="http://www.google.com/patents/US6771381" target="_blank">US Patent 6,771,381</a>: Distributed computer architecture and process for virtual copying
</li><li><a href="http://www.google.com/patents/US7477410" target="_blank">US Patent 7,477,410</a>: Distributed computer architecture and process for virtual copying
</li><li><a href="http://www.google.com/patents/US7986426" target="_blank">US Patent 7,986,426</a>: Distributed computer architecture and process for document management
</li></ul>
The article talks about how a company called Project Paperless LLC started sending around threat letters about those patents, telling companies that they had to pay $1,000 <b>per employee</b> if they had a scanner that was networked and had such a feature -- which scanners from HP, Brother, Xerox and Canon all do.  But, rather than go after those companies, the patent troll in this case claims that any company using one of their scanners is liable and has to pay these outrageous sums.  One of the companies who received the notice, BlueWave Computing, led by Steven Vicinanza, decided this was ridiculous and fought back, following the <a href="http://www.techdirt.com/articles/20120418/04260518542/farks-drew-curtis-explains-how-to-beat-patent-troll-live-to-tell-tale.shtml">Drew Curtis / Fark "How to fight patent trolls" plan</a> to a tee: he pointed out he didn't infringe, made it very, very clear he would fight this to the end and that he was going to make it as painful as possible for the troll.  While Paperless Post sued BlueWave, it quickly backed down and dropped the lawsuit two weeks later, leading BlueWave to <a href="http://www.prweb.com/releases/2012/8/prweb9766179.htm" target="_blank">issue a press release</a> (continuing with the Fark plan of publicizing the result).
<br /><br />
While all this was happening, there was also an ongoing effort by some unnamed people to <a href="http://stop-project-paperless.com/the-patents/" target="_blank">expose Project Paperless' effort</a> and to show that the patents aren't valid.
<br /><br />
Among the things they discovered was that it appeared that some of the partners in the law firm that "represented" Project Paperless, likely had an ownership interest in the patents.   Hill, Kertscher, and Wharton, LLP is the firm, and research suggested that partners Steven Hill and Scott Wharton had holding companies, Bonita Sunrise and Wexford Holdings, that at least partially owned the patents.  Given that exposure, plus the success of BlueWave in fighting loudly, what happened next was only too predictable: Project Paperless wrapped up its various lawsuits and... "sold" the patents to MPHJ Holdings, whose ownership is completely unclear.  Soon after that, a whole series of companies popped up sending letters to companies demanding similar per-employee-payments for network-connected scanners.  Among the companies Mullin uncovered doing this: AccNum, AllLed, AdzPro, CalNeb, ChaPac, FanPar, FasLan, FulNer, GosNel, and HunLos.  Note a similarity in the style of all of those names?
<br /><br />
Mullin includes a (redacted) <a href="https://www.documentcloud.org/documents/550554-117291579-led-letter-final-redacted.html" target="_blank">threat letter from AllLed</a> as an example.  He also has the transcript of his phone call with the number listed on the letters (it's the same number on all the letters):
<blockquote><i>
<p>As for the phone number on the letters,&nbsp;855-744-2360&#8212;I called it. The conversation was not enlightening.</p>
<p>"Thank you for calling the legal department," said a youngish-sounding man. "This is Kevin, how can I help you?"</p>
<p>I was calling about a letter I was holding from AllLed, I explained. Kevin asked for my letter's "file number," which was the one thing I couldn't give him&#8212;it would have revealed the source from whom I had received the letter. I told Kevin I was a writer who had been given the letter by someone else. All I wanted to do was contact AllLed, LLC directly&#8212;so how could I do that?</p>
<p>"We don't have any information on the entities that send the letter," he said. It was just an answering service. "We don't have their contact information."</p>
<p>"Well, who are you the 'legal department' for?" I asked.</p>
<p>"Hmmm," said Kevin. "Legal department."</p>
<p>"I don't get it&#8212;is 'Legal Department' a real company?" I persisted.</p>
<p>"Hmmm," said Kevin again. "We're just Legal Department."</p>
<p>"Well, you work for someone, right? What company do <em>you</em> work for?"</p>
<p>"This is Legal Department. That's all we can say."</p>
</i></blockquote>
As Mullin notes, this isn't a one-off case, either.  There have been a growing number of similar attempts by patent trolls to go after large numbers of people or companies further down the supply chain, clearly following the traditional trolling strategy of just seeking lots of "settlements" from people who can't afford a lawsuit and don't understand the specifics.
<br /><br />
No matter how you look at this, though, it's yet another example of how the patent system is completely broken.  It hearkens back to the 19th century when scam artists roamed the countryside hitting up farmers for "licenses" for "patents" on common farm equipment.  At that time, they were <a href="http://www.techdirt.com/articles/20071015/015844.shtml">called patent sharks</a>, and Congress actually changed the rules on what could be patented to fix the problem.  Of course, today Congress isn't known for actually fixing problems.<br /><br /><a href="http://www.techdirt.com/articles/20130102/08174721543/patent-troll-shell-companies-shake-down-small-businesses-1k-per-employee-using-network-scanner.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130102/08174721543/patent-troll-shell-companies-shake-down-small-businesses-1k-per-employee-using-network-scanner.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130102/08174721543/patent-troll-shell-companies-shake-down-small-businesses-1k-per-employee-using-network-scanner.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>shakedown</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130102/08174721543</wfw:commentRss>
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<item>
<pubDate>Fri, 16 Nov 2012 10:35:56 PST</pubDate>
<title>Naked Scanner Maker Accused Of Manipulating Tests To Make Scans Look Less Invasive</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121115/17082521070/naked-scanner-maker-accused-manipulating-tests-to-make-scans-look-less-invasive.shtml</link>
<guid>http://www.techdirt.com/articles/20121115/17082521070/naked-scanner-maker-accused-manipulating-tests-to-make-scans-look-less-invasive.shtml</guid>
<description><![CDATA[ We'd heard a number of reports about how the TSA was already either <a href="http://www.techdirt.com/articles/20110720/15211715177/tsa-agrees-to-take-naked-out-naked-scanners.shtml">retrofitting</a> the various naked scanners or moving on to less privacy invasive versions, but there were two interesting points to come out some Congressional hearings on the devices yesterday.  First, apparently there is some concern that the makers of the Rapiscan machine (and, yes, it still amazes me that anyone thought that was a good name), OSI Systems, may have <a href="http://www.bloomberg.com/news/2012-11-14/tsa-vendor-denies-faking-test-of-body-imaging-software.html" target="_blank">"manipulated" tests</a> in order to claim that the machines did not invade travelers' privacy:
<blockquote><i>
The company &#8220;may have attempted to defraud the government by knowingly manipulating an operational test,&#8221; Representative Mike Rogers, chairman of the House Transportation Security Subcommittee, said in a letter to Transportation Security Administration chief John Pistole Nov. 13. Rogers said his committee received a tip about the faked tests. 
</i></blockquote>
OSI, of course, is denying it, but this is the same company that also apparently ran into problems last year when maintenance reports suggested radiation levels <a href="http://www.techdirt.com/articles/20110314/01280213485/maintenance-report-shows-radiation-levels-some-tsa-scanners-10-times-higher-than-promised.shtml">10 times as high</a> as promised.
<br /><br />
The other bit of news?  The TSA has <a href="http://www.usatoday.com/story/travel/flights/2012/11/15/tsa-bodyscanners/1706811/" target="_blank">admitted that it has simply put a bunch of these machines in storage</a> -- 91 machines, worth $14 million -- because of related privacy concerns.
<br /><br />
While it's a <i>good</i> thing that privacy violating machines aren't being used, it raises <i>serious</i> questions about why they were purchased and put into use in the first place -- and done so without ever <a href="http://www.techdirt.com/articles/20120912/07362920359/tsa-still-not-taking-comments-naked-scanners-so-public-interest-group-does-it-them.shtml">taking comment</a> from the public, as is required under law.  Perhaps if they had actually done that, they would have avoided wasting so much taxpayer money on machines that violate everyone's privacy.<br /><br /><a href="http://www.techdirt.com/articles/20121115/17082521070/naked-scanner-maker-accused-manipulating-tests-to-make-scans-look-less-invasive.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121115/17082521070/naked-scanner-maker-accused-manipulating-tests-to-make-scans-look-less-invasive.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121115/17082521070/naked-scanner-maker-accused-manipulating-tests-to-make-scans-look-less-invasive.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>well-that-was-useful</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121115/17082521070</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 1 Oct 2012 19:59:00 PDT</pubDate>
<title>As Expected, Supreme Court Won't Hear Challenge On Naked Scanners</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121001/16232020561/as-expected-supreme-court-wont-hear-challenge-naked-scanners.shtml</link>
<guid>http://www.techdirt.com/articles/20121001/16232020561/as-expected-supreme-court-wont-hear-challenge-naked-scanners.shtml</guid>
<description><![CDATA[ This will hardly come as a surprise, but <a href="http://yro.slashdot.org/story/12/10/01/1613237/supreme-court-wont-hear-body-scanner-appeal?utm_source=slashdot&#038;utm_medium=twitter" target="_blank">Slashdot</a> alerts us to the news that the Supreme Court has <a href="http://www.marketwatch.com/story/supreme-court-wont-hear-body-scanner-appeal-2012-10-01" target="_blank">chosen not to hear John Corbett's quixotic appeal against the legality of the naked scanners</a> now being commonly used in airports (though, via upgrades, there's now less nudity involved).  The legal effort was a long shot from the beginning.  Corbett has been on a crusade against the machines, which I appreciate -- but his efforts sometimes seem to <a href="http://www.techdirt.com/articles/20120308/03020318032/slow-down-tsa-lynch-mob-that-naked-scanner-expose-video-is-exaggerated-old-news.shtml">go too far</a>, and didn't do much to help his case.<br /><br /><a href="http://www.techdirt.com/articles/20121001/16232020561/as-expected-supreme-court-wont-hear-challenge-naked-scanners.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121001/16232020561/as-expected-supreme-court-wont-hear-challenge-naked-scanners.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121001/16232020561/as-expected-supreme-court-wont-hear-challenge-naked-scanners.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>no-surprise</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121001/16232020561</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 31 Aug 2012 11:02:19 PDT</pubDate>
<title>TSA Insists That There's Been No Delay In Public Hearings Over Nudie Scanners; It Just Hasn't Held Them</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120831/03062120226/tsa-insists-that-theres-been-no-delay-public-hearings-over-nudie-scanners-it-just-hasnt-held-them.shtml</link>
<guid>http://www.techdirt.com/articles/20120831/03062120226/tsa-insists-that-theres-been-no-delay-public-hearings-over-nudie-scanners-it-just-hasnt-held-them.shtml</guid>
<description><![CDATA[ A few weeks back, we noted that a court had <a href="http://www.techdirt.com/articles/20120802/11333119918/appeals-court-wants-to-know-why-tsa-is-ignoring-court-order-over-public-hearings-naked-scanners.shtml">ordered</a> the TSA to explain why it had failed to obey the court's <a href="http://www.techdirt.com/articles/20110715/15573015111/court-naked-scanners-are-constitutional-tsa-should-have-asked-public-comment.shtml">earlier order</a> that, while the nudie scanners being used in airports were legal, the TSA was required to hold public hearings on the purchase and use of the machines.  Yet no such hearings have happened.  The TSA has now responded and essentially said <a href="http://www.wired.com/threatlevel/2012/08/tsa-no-scanner-stonewalling/?utm_source=feedburner&#038;utm_medium=feed&#038;utm_campaign=Feed%3A wired%2Findex %28Wired%3A Top Stories%29" target="_blank">that since there's no deadline on when the court told them to hold a hearing, there's no problem</a>.  Basically "we can hold a hearing whenever we get around to it."
<br /><br />
It also blames the fact that there had been "significant personnel losses" in the group of folks responsible for obeying the order, but insisted that everyone else in that group was really (really!) focused on obeying the order, and they'd get around to it at some point.  Really.  They promise.
<blockquote><i>
Petitioner offers no basis whatsoever for its assertion that TSA has delayed in
implementing this Court&#8217;s mandate. On the contrary, as the Sammon Declaration
demonstrates, TSA has been keenly aware of the importance of implementing the
Court&#8217;s directive, and has given high priority to the AIT rulemaking. Despite
&#8220;significant personnel losses&#8221; in the group of economists within TSA charged with completing the regulatory analysis... the agency began on the heels of the
Court&#8217;s ruling the process of preparing the documents necessary for notice-andcomment
rulemaking, and has devoted almost all of the staff available to conduct the
required economic analysis to its expedited completion, even going so far as to hire
contract consultants to accelerate its completion despite unforeseen personnel losses

</i></blockquote>
Later, it claims:
<blockquote><i>
In sum, there has been no "waiting" and no "delay."
</i></blockquote>
Other than the fact that we're <i>still</i> waiting, you mean?<br /><br /><a href="http://www.techdirt.com/articles/20120831/03062120226/tsa-insists-that-theres-been-no-delay-public-hearings-over-nudie-scanners-it-just-hasnt-held-them.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120831/03062120226/tsa-insists-that-theres-been-no-delay-public-hearings-over-nudie-scanners-it-just-hasnt-held-them.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120831/03062120226/tsa-insists-that-theres-been-no-delay-public-hearings-over-nudie-scanners-it-just-hasnt-held-them.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>got-that</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120831/03062120226</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 2 Aug 2012 14:59:00 PDT</pubDate>
<title>Appeals Court Wants To Know Why TSA Is Ignoring Court Order Over Public Hearings On Naked Scanners</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120802/11333119918/appeals-court-wants-to-know-why-tsa-is-ignoring-court-order-over-public-hearings-naked-scanners.shtml</link>
<guid>http://www.techdirt.com/articles/20120802/11333119918/appeals-court-wants-to-know-why-tsa-is-ignoring-court-order-over-public-hearings-naked-scanners.shtml</guid>
<description><![CDATA[ About a year ago, we wrote about a court ruling that the TSA's naked scanners <a href="http://www.techdirt.com/articles/20110715/15573015111/court-naked-scanners-are-constitutional-tsa-should-have-asked-public-comment.shtml">were legal</a> (they didn't violate the 4th Amendment's restriction on "unreasonable" searches), but that the TSA failed to hold the proper public hearings before buying and deploying them.  The TSA appears to have only paid attention to the first part.  After a bunch of folks asked why the TSA was ignoring the order for public hearings, now an appeals court has officially weighed in and <a href="http://www.wired.com/threatlevel/2012/08/nude-scanner-order/" target="_blank">demanded to know why the TSA has failed to hold public hearings</a> more than a year after that court ruling.  The order is pretty straightforward:
<blockquote><i>
ORDERED that the Department of Homeland Security, et al., respond to the
petition on or before August 30, 2012.
</i></blockquote>
The TSA <i>has</i> said that it would hold hearings "next year" (or two years after it was ordered to do so).  You would think that it wouldn't take the TSA two years to set up basic hearings -- especially while it has continued to roll out a variety of new scanning machines...<br /><br /><a href="http://www.techdirt.com/articles/20120802/11333119918/appeals-court-wants-to-know-why-tsa-is-ignoring-court-order-over-public-hearings-naked-scanners.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120802/11333119918/appeals-court-wants-to-know-why-tsa-is-ignoring-court-order-over-public-hearings-naked-scanners.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120802/11333119918/appeals-court-wants-to-know-why-tsa-is-ignoring-court-order-over-public-hearings-naked-scanners.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>we're-the-gov't,-we-can-ignore-stuff</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120802/11333119918</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 9 May 2012 11:42:00 PDT</pubDate>
<title>Congress: The TSA Is Wasting Hundreds Of Millions In Taxpayer Dollars</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120509/10161518848/congress-tsa-is-wasting-hundreds-millions-taxpayer-dollars.shtml</link>
<guid>http://www.techdirt.com/articles/20120509/10161518848/congress-tsa-is-wasting-hundreds-millions-taxpayer-dollars.shtml</guid>
<description><![CDATA[ The House Oversight Committee has come out with a report <a href="http://oversight.house.gov/report/airport-insecurity-tsas-failure-to-cost-effectively-procure-deploy-and-warehouse-its-screening-technologies/" target="_blank">slamming the TSA for tremendous amounts of waste</a>, specifically in the "deployment and storage" of its scanning equipment.  Basically, it sounds like the TSA likes to go on giant spending sprees, buying up security equipment and then never, ever using it.  A few data points
<ul><i>
<li>As of February 15, 2012, the total value of TSA&#8217;s equipment in storage was, according to TSA officials, estimated at $184 million. However, when questioned by Committee staff, TSA&#8217;s warehouse staff and procurement officials were unable to provide the total value of equipment in storage.</li>
<li>Committee staff discovered that 85% of the approximately 5,700 major transportation security equipment currently warehoused at the TLC had been stored for longer than six months; 35% of the equipment had been stored for more than one year. One piece of equipment had been in storage more than six years &#8211; 60% of its useful life.</li>
<li>As of February 2012, Committee staff discovered that TSA had 472 Advanced Technology 2 (AT2) carry-on baggage screening machines at the TLC and that <b>more than 99% have remained in storage for more than nine months</b>; 34% of AT2s have been stored for longer than one year.</li>
<li>TSA knowingly purchased more Explosive Trace Detectors (ETDs) than were necessary in order to receive a bulk discount under an incorrect and baseless assumption that demand would increase. TSA management stated: &#8220;[w]e purchased more than we needed in order to get a discount.&#8221;</li>
</i></ul>
Oh yeah, and it appears that the TSA isn't very good at tracking this stuff.  When asked about the total cost of managing this equipment, the TSA was unable to provide an answer.  And then it appeared to willfully mislead Congress about this:
<ul><i>
<li>TSA intentionally delayed Congressional oversight of the Transportation Logistics Center and provided inaccurate, incomplete, and potentially misleading information to Congress in order to conceal the agency&#8217;s continued mismanagement of warehouse operations.
</li><li>TSA willfully delayed Congressional oversight of the agency&#8217;s Transportation Logistics Center twice in a failed attempt to hide the disposal of approximately 1,300 pieces of screening equipment from its warehouses in Dallas, Texas, prior to the arrival of Congressional staff.
</li><li>TSA potentially violated 18 U.S.C. Sec. 1001, by knowingly providing an inaccurate warehouse inventory report to Congressional staff that accounted for the disposal of equipment that was still in storage at the TLC during a site visit by Congressional staff.
</li><li>TSA provided Congressional staff with a list of disposed equipment that falsely identified disposal dates and directly contradicted the inventory of equipment in the Quarterly Warehouse Inventory Report provided to Committee staff on February 13, 2012.

</li></i></ul>
One of the theories that was floated a few years ago when there was that big rush to rollout the nudie scanners, was that much of it was being driven by fear mongering from former government officials, like Michael Chertoff, who had <a href="http://www.huffingtonpost.com/2010/11/23/fear_pays_chertoff_n_787711.html" target="_blank">economic relationships</a> with the makers of the equipment.  This report doesn't confirm any of that, but it sure seems to fit that narrative pretty perfectly.  Fear monger away, have the TSA buy a <i>ton</i> of questionable equipment it doesn't actually need, and then have much of that equipment just sit in a warehouse.  All on the taxpayers' dime.<br /><br /><a href="http://www.techdirt.com/articles/20120509/10161518848/congress-tsa-is-wasting-hundreds-millions-taxpayer-dollars.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120509/10161518848/congress-tsa-is-wasting-hundreds-millions-taxpayer-dollars.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120509/10161518848/congress-tsa-is-wasting-hundreds-millions-taxpayer-dollars.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>oversight-indeed</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120509/10161518848</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 8 May 2012 16:20:00 PDT</pubDate>
<title>Homeland Security Admits That TSA Scanners Have 'Vulnerabilities'</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120508/03445418824/homeland-security-admits-that-tsa-scanners-have-vulnerabilities.shtml</link>
<guid>http://www.techdirt.com/articles/20120508/03445418824/homeland-security-admits-that-tsa-scanners-have-vulnerabilities.shtml</guid>
<description><![CDATA[ A leaked internal report by Homeland Security has revealed what most people already knew: <a href="http://www.wired.com/threatlevel/2012/05/body-scanner-vulnerabilities/?utm_source=feedburner&#038;utm_medium=feed&#038;utm_campaign=Feed%3A wired27b %28Blog - 27B Stroke 6 %28Threat Level%29%29" target="_blank">that its new (expensive) nudie scanners have vulnerabilities</a> that could let things through.  This is hardly a surprise.  We've written about <a href="http://www.techdirt.com/articles/20120308/03020318032/slow-down-tsa-lynch-mob-that-naked-scanner-expose-video-is-exaggerated-old-news.shtml">previous claims</a> including a pretty detailed research report highlighting the vulnerabilities.  In fact, it seems pretty crazy that the TSA is finally starting to take notice <i>now</i>.  What's really the most galling, of course, is that plenty of people have been pointing out these kinds of vulnerabilities for a while and the TSA did nothing.  It's just that now, as the vulnerabilities are finally getting press attention, that the TSA starts to pretend to take these things seriously, rather than admitting the truth: they're there for show more than anything else.<br /><br /><a href="http://www.techdirt.com/articles/20120508/03445418824/homeland-security-admits-that-tsa-scanners-have-vulnerabilities.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120508/03445418824/homeland-security-admits-that-tsa-scanners-have-vulnerabilities.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120508/03445418824/homeland-security-admits-that-tsa-scanners-have-vulnerabilities.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>shockingly-unshocking</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120508/03445418824</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 9 Aug 2011 07:19:23 PDT</pubDate>
<title>German Police Admit That Full Body Naked Airport Scanners Suck; 35% False Alarm Rate</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110805/15314915411/german-police-admit-that-full-body-naked-airport-scanners-suck-35-false-alarm-rate.shtml</link>
<guid>http://www.techdirt.com/articles/20110805/15314915411/german-police-admit-that-full-body-naked-airport-scanners-suck-35-false-alarm-rate.shtml</guid>
<description><![CDATA[ We've noted all sorts of privacy and health problems related to full body "naked" scanners -- but there's a separate but important question: do they actually work?  There's been some evidence presented that they wouldn't have spotted a variety of recent terrorism attempts, but now German police have noted that the machines <a href="http://www.schneier.com/blog/archives/2011/08/german_police_c.html" target="_blank">also have a ridiculously high false alarm rate</a>:
<blockquote><i>
The weekly, Welt am Sonntag, quoting a police report, said 35 percent of the 730,000 passengers checked by the scanners set off the alarm more than once despite being innocent.
<br /><br />
The report said the machines were confused by several layers of clothing, boots, zip fasteners and even pleats, while in 10 percent of cases the passenger's posture set them off.
<br /><br />
[....]
<br /><br />
In the wake of the 10-month trial which began on September 27 last year, German federal police see no interest in carrying out any more tests with the scanners until new more effective models become available, Welt am Sonntag said.
</i></blockquote>
I would argue that this is actually <i>worse</i> than useless, in that providing a significant number of false positives makes it <i>much, much harder</i> to spot the actual positives.  It desensitizes agents to assume that any alarm is a false alarm.<br /><br /><a href="http://www.techdirt.com/articles/20110805/15314915411/german-police-admit-that-full-body-naked-airport-scanners-suck-35-false-alarm-rate.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110805/15314915411/german-police-admit-that-full-body-naked-airport-scanners-suck-35-false-alarm-rate.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110805/15314915411/german-police-admit-that-full-body-naked-airport-scanners-suck-35-false-alarm-rate.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>that's-worse-than-useless</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110805/15314915411</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 21 Jul 2011 06:29:36 PDT</pubDate>
<title>TSA Agrees To Take The Naked Out Of Naked Scanners</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110720/15211715177/tsa-agrees-to-take-naked-out-naked-scanners.shtml</link>
<guid>http://www.techdirt.com/articles/20110720/15211715177/tsa-agrees-to-take-naked-out-naked-scanners.shtml</guid>
<description><![CDATA[ After all the controversy concerning the TSA's naked scanners, it appears that someone at the TSA just found out that they could be made to work without showing the naked image of a person's body and realized <a href="http://www.foxnews.com/politics/2011/07/20/tsa-to-upgrade-body-scanners-eliminate-naked-images/" target="_blank">perhaps it's a good idea to switch to that version of the software</a>.  Of course, there are still serious concerns about the <a href="http://www.techdirt.com/articles/20110314/01280213485/maintenance-report-shows-radiation-levels-some-tsa-scanners-10-times-higher-than-promised.shtml">radiation issues</a>, but at least <i>something</i> is happening.<br /><br /><a href="http://www.techdirt.com/articles/20110720/15211715177/tsa-agrees-to-take-naked-out-naked-scanners.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110720/15211715177/tsa-agrees-to-take-naked-out-naked-scanners.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110720/15211715177/tsa-agrees-to-take-naked-out-naked-scanners.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>nice-of-them</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110720/15211715177</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 15 Jul 2011 17:28:41 PDT</pubDate>
<title>Court: Naked Scanners Are Constitutional; But TSA Should Have Asked For Public Comment</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110715/15573015111/court-naked-scanners-are-constitutional-tsa-should-have-asked-public-comment.shtml</link>
<guid>http://www.techdirt.com/articles/20110715/15573015111/court-naked-scanners-are-constitutional-tsa-should-have-asked-public-comment.shtml</guid>
<description><![CDATA[ This isn't a huge surprise, as we said when the lawsuit was <a href="http://www.techdirt.com/articles/20101102/17473211695/group-trying-to-get-backscatter-airport-scanners-banned.shtml">first filed</a>, but EPIC has failed in its attempt to have the TSA's naked scanners declared unconstitutional.  The court <a href="http://blogs.forbes.com/kashmirhill/2011/07/15/federal-court-rules-that-tsa-naked-scans-are-constitutional/" target="_blank">seems to think the scans are just dandy</a>, though it had some trouble with how they were implemented.  There were two key legal points raised by EPIC.  The first was that implementing the naked scanners without a public review violated the Administrative Procedures Act.  The court seems sympathetic to this argument:
<blockquote><i>
The TSA seems to think it significant that there are no AIT scanners at some airports and the agency retains the discretion to stop using the scanners where they are in place. More clearly significant is that a passenger is bound to comply with whatever screening procedure the TSA is using on the date he is to fly at the airport from which his flight departs. 49 C.F.R. &sect; 1540.105(a)(2) (no passenger may enter the &ldquo;sterile area&rdquo; of an airport &ldquo;without complying with the systems, measures, or procedures being applied to control access to&rdquo; that area). To be sure, he can opt for a patdown but, as the TSA conceded at oral argument, the agency has not argued that option makes its screening procedures nonbinding and we therefore do not consider the possibility. We are left, then, with the argument that a passenger is not bound to comply with the set of choices presented by the TSA when he arrives at the security checkpoint, which is absurd.
<br><Br>
In sum, the TSA has advanced no justification for having failed to conduct a notice-and-comment rulemaking. We therefore remand this matter to the agency for further proceedings.
</i></blockquote>
Still... even then, it says that ordering the TSA to stop using the machines would "severely disrupt an essential security operation," so it will not halt the use of the machines, even if it expects the TSA to begin holding public review of them.
<br><br>
The second key argument (there are a few other lesser arguments) is the Fourth Amendment claim.  And here, the court just doesn't see it.
<blockquote><i>
As other circuits have held, and as the Supreme Court has strongly suggested, screening passengers at an airport is an &ldquo;administrative search&rdquo; because the primary goal is not to determine whether any passenger has committed a crime but rather to protect the public from a terrorist attack.... An administrative search does not require individualized suspicion.... (individualized suspicion required when police checkpoint is &ldquo;primarily [for] general crime control,&rdquo; that is, &ldquo;to detect evidence of ordinary criminal wrongdoing&rdquo; unlike &ldquo;searches at places like airports ... where the need for such measures to ensure public safety can be particularly acute&rdquo;). Instead, whether an administrative search is &ldquo;unreasonable&rdquo; within the condemnation of the Fourth Amendment &ldquo;is determined by assessing, on the one hand, the degree to which it intrudes upon an individual's privacy and, on the other, the degree to which it is needed for the promotion of legitimate governmental interests.&rdquo;
<br><Br>
That balance clearly favors the Government here. The need to search airline passengers &ldquo;to ensure public safety can be particularly acute,&rdquo; ... and, crucially, an AIT scanner, unlike a magnetometer, is capable of detecting, and therefore of deterring, attempts to carry aboard airplanes explosives in liquid or powder form. On the other side of the balance, we must acknowledge the steps the TSA has already taken to protect passenger privacy, in particular distorting the image created using AIT and deleting it as soon as the passenger has been cleared. More telling, any passenger may opt-out of AIT screening in favor of a patdown, which allows him to decide which of the two options for detecting a concealed, nonmetallic weapon or explosive is least invasive.
</i></blockquote>
This is, again, not surprising, but disappointing.  It's rulings like this that allow for the gradual disposal of the 4th Amendment, by simply stretching the interpretation further and further each time, until there's just nothing left at all.<br /><br /><a href="http://www.techdirt.com/articles/20110715/15573015111/court-naked-scanners-are-constitutional-tsa-should-have-asked-public-comment.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110715/15573015111/court-naked-scanners-are-constitutional-tsa-should-have-asked-public-comment.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110715/15573015111/court-naked-scanners-are-constitutional-tsa-should-have-asked-public-comment.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>can-they-x-ray-the-constitution?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110715/15573015111</wfw:commentRss>
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<item>
<pubDate>Thu, 14 Jul 2011 08:56:12 PDT</pubDate>
<title>Woman Arrested For Not Letting TSA Grope Her Daughter</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110713/17505215082/woman-arrested-not-letting-tsa-grope-her-daughter.shtml</link>
<guid>http://www.techdirt.com/articles/20110713/17505215082/woman-arrested-not-letting-tsa-grope-her-daughter.shtml</guid>
<description><![CDATA[ A woman, who did not feel comfortable going through the TSA naked scanners, <a href="http://consumerist.com/2011/07/woman-arrested-for-being-verbally-abusive-to-tsa-agents.html" target="_blank">was arrested for disorderly conduct</a> when she also refused to let the TSA molest and grope her daughter.  I'm trying to figure out how this makes us any safer on airplanes.
<blockquote><i>
"I still don't want someone to see our bodies naked," the mom is reported to have replied.
<br><br>
As for the pat-down option, the police report states that the mom didn't want her daughter to be "touched inappropriately or have her "crotch grabbed."
<br><br>
TSA agents say she became belligerent and verbally abusive. The woman was arrested and charged with disorderly conduct.
</i></blockquote>
So, either your privacy gets violated, you get molested, or you get arrested.  Where do we live again?<br /><br /><a href="http://www.techdirt.com/articles/20110713/17505215082/woman-arrested-not-letting-tsa-grope-her-daughter.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110713/17505215082/woman-arrested-not-letting-tsa-grope-her-daughter.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110713/17505215082/woman-arrested-not-letting-tsa-grope-her-daughter.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>terrorism?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110713/17505215082</wfw:commentRss>
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<item>
<pubDate>Thu, 30 Jun 2011 08:29:23 PDT</pubDate>
<title>New Documents Raise More Questions About Safety Of TSA Scanners</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110629/01110914897/new-documents-raise-more-questions-about-safety-tsa-scanners.shtml</link>
<guid>http://www.techdirt.com/articles/20110629/01110914897/new-documents-raise-more-questions-about-safety-tsa-scanners.shtml</guid>
<description><![CDATA[ Last year, we noted that the TSA appeared to be <a href="http://www.techdirt.com/articles/20101230/02304512464/tsa-claims-naked-scanners-are-safe-exaggerated-how-they-make-sure-thats-true.shtml">misleading the public</a> in stating that its new more intrusive scanners were safe.  This didn't mean that the machines weren't safe -- but that the TSA was, at the very least, massively exaggerating the claims that they had scientific support to say that the machines definitely were safe.  Earlier this year, there were further worries, when reports came out showing that some of the machines were giving off <a href="http://www.techdirt.com/articles/20110314/01280213485/maintenance-report-shows-radiation-levels-some-tsa-scanners-10-times-higher-than-promised.shtml">much more radiation</a> than they were supposed to.
<br /><br />
Now, EPIC, which is in an ongoing <a href="http://www.techdirt.com/articles/20101102/17473211695/group-trying-to-get-backscatter-airport-scanners-banned.shtml">lawsuit</a> to try to get these scanners banned, is claiming that via a FOIA request, they have new evidence <a href="http://epic.org/2011/06/epic-v-dhs-lawsuit----foiad-do.html" target="_blank">that the TSA has been misleading people about the risks</a> of the scanners.  The documents show that Homeland Security boss Janet Napolitano blatantly misrepresented a NIST study in a USA Today OpEd, to claim that the scanners were safe.  NIST, however, quickly contacted DHS, saying that it was "concerned" about the piece misrepresenting what it had said:
<ul><i>
<li>NIST does not do product testing</li>
<li>NIST did not test AIT machines for safety</li>
<li>NIST measured the dose of a single machine and compared it against the standard</li>
</i></ul>
Apparently, NIST told DHS to stop misrepresenting its work, and suggested that if DHS agreed, then it wouldn't call for USA Today to run a correction on the piece.
<br /><br />
Separately, another document shows that TSA employees in Boston raised serious concerns to officials, claiming that there was evidence of a "cancer cluster" among TSA agents in Boston.  The union asked the TSA to provide agents with dosimeters that could be clipped onto uniforms in order to measure the radiation to make sure the machines were safe.  Agents in Atlanta apparently also expressed concerns and asked for dosimeters.  The TSA refused, noting that it was already running some tests, and the tests showed no radiation problems.
<br /><br />
This document is receiving a lot of attention, but I don't find it quite as damning as most.  People just claiming that they believe there's a heightened cancer risk is not really evidence or fact.  It would be more interesting if there was actual data to support that, rather than just anecdotal evidence.  Still, I think it's becoming increasingly clear that the TSA, at the very least, exaggerated the claims of how much scientific support there is that these machines are safe.  That's the part that bugs me.  They could easily allow for much more testing of the machines, but don't seem that interested in it, preferring instead to mislead the public, a la Napolitano interview.<br /><br /><a href="http://www.techdirt.com/articles/20110629/01110914897/new-documents-raise-more-questions-about-safety-tsa-scanners.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110629/01110914897/new-documents-raise-more-questions-about-safety-tsa-scanners.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110629/01110914897/new-documents-raise-more-questions-about-safety-tsa-scanners.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>of-course-they-do...</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110629/01110914897</wfw:commentRss>
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<pubDate>Tue, 17 May 2011 12:55:00 PDT</pubDate>
<title>Congress Wants To Cut Funds To The TSA For Naked Scanners</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110517/00521114293/congress-wants-to-cut-funds-to-tsa-naked-scanners.shtml</link>
<guid>http://www.techdirt.com/articles/20110517/00521114293/congress-wants-to-cut-funds-to-tsa-naked-scanners.shtml</guid>
<description><![CDATA[ Via <a href="http://tech.slashdot.org/story/11/05/16/1922259/US-Congress-Tries-To-Cut-Body-Scanner-Funding" target="_blank">Slashdot</a> we learned that the House Appropriations Committee's latest plan <a href="http://appropriations.house.gov/index.cfm?FuseAction=PressReleases.Detail&#038;PressRelease_id=300&#038;Month=5&#038;Year=2011" target="_blank">specifically cuts funding for the TSA's naked body scanners</a>.  In the section about the TSA, it notes:
<blockquote><i>
The bill includes $7.8 billion for the TSA, an increase of $125 million over last year&rsquo;s level, and $293 million below the President&rsquo;s request. These funds will be used to sustain the current cap level of 46,000 full time screening personnel, and for explosive detection systems, security enforcement, cargo inspections, Federal Air Marshals, and other TSA activities. The bill also includes an additional $10 million to address air cargo threats. <b>However, the bill does not provide $76 million requested by the President for 275 additional advanced inspection technology (AIT) scanners nor the 535 staff requested to operate them.</b>
</i></blockquote>
This won't stop the many such machines already in service, but could potentially slow the expansion of the use of such machines.  Of course, I'm sure one carefully placed "soft on terrorists!" fear mongering report will ensure such machines get funded soon enough anyway.<br /><br /><a href="http://www.techdirt.com/articles/20110517/00521114293/congress-wants-to-cut-funds-to-tsa-naked-scanners.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110517/00521114293/congress-wants-to-cut-funds-to-tsa-naked-scanners.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110517/00521114293/congress-wants-to-cut-funds-to-tsa-naked-scanners.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>looks-like-someone's-paying-attention</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110517/00521114293</wfw:commentRss>
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<pubDate>Mon, 14 Mar 2011 12:01:01 PDT</pubDate>
<title>Maintenance Report Shows Radiation Levels On Some TSA Scanners 10 Times Higher Than Promised</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110314/01280213485/maintenance-report-shows-radiation-levels-some-tsa-scanners-10-times-higher-than-promised.shtml</link>
<guid>http://www.techdirt.com/articles/20110314/01280213485/maintenance-report-shows-radiation-levels-some-tsa-scanners-10-times-higher-than-promised.shtml</guid>
<description><![CDATA[ At the end of last year, we pointed to some discussions that suggested the TSA was being <a href="http://www.techdirt.com/articles/20101230/02304512464/tsa-claims-naked-scanners-are-safe-exaggerated-how-they-make-sure-thats-true.shtml">totally misleading</a> in claiming that the new naked airport scanners had been shown to be totally safe when it came to radiation.  While the studies the TSA used to make that claim only said that was the case <i>if the machines were working properly</i>, there was no evidence that the TSA was actually making sure the machines were working properly, or how easily they might not be working properly.  Well, it appears that this may have been a much bigger issue than originally thought, as some maintenance on these machines has shown <a href="http://www.usatoday.com/news/washington/2011-03-11-tsa-scans_N.htm" target="_blank">radiation levels 10 times the amount that they're supposed to be emitting</a>.  The TSA has now agreed to retest all of the machines -- though it still insists that these new reports were "mathematics mistakes."  Uh.  Yeah.
<br /><br />
But, really, the issue goes beyond that.  If it's so easy to make "math mistakes," how do we know that the original "lower" reports from these machines was accurate?  Assuming these readings <i>were</i> accurate, how long were these machines operating at 10x the radiation levels?  How easy was it for the radiation levels to get so high?  How will the TSA prevent it from happening again?  Honestly, though, the people who should be most upset are the TSA workers who run these machines.  It makes you wonder how much radiation they're being exposed to on a daily basis.<br /><br /><a href="http://www.techdirt.com/articles/20110314/01280213485/maintenance-report-shows-radiation-levels-some-tsa-scanners-10-times-higher-than-promised.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110314/01280213485/maintenance-report-shows-radiation-levels-some-tsa-scanners-10-times-higher-than-promised.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110314/01280213485/maintenance-report-shows-radiation-levels-some-tsa-scanners-10-times-higher-than-promised.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>uh,-whoops</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110314/01280213485</wfw:commentRss>
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<item>
<pubDate>Tue, 1 Feb 2011 14:15:00 PST</pubDate>
<title>TSA Starts Testing New Scanners That Don't Show Your Naked Body</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110201/13024412912/tsa-starts-testing-new-scanners-that-dont-show-your-naked-body.shtml</link>
<guid>http://www.techdirt.com/articles/20110201/13024412912/tsa-starts-testing-new-scanners-that-dont-show-your-naked-body.shtml</guid>
<description><![CDATA[ Despite all the protests from the TSA that there was nothing (nothing!) wrong with requiring everyone to display their naked body or be groped by TSA employees in order to board an airplane, it appears that even TSA officials are recognizing that the nudie scanners may have gone a bit too far.  The TSA is now <a href="http://techdailydose.nationaljournal.com/2011/02/tsa-tests-new-technology-for-a.php" target="_blank">testing new screening machines</a> that display a generic body outline, rather than showing a person's actual body.  Of course, there's no word on if the TSA will similarly <a href="http://www.techdirt.com/articles/20101230/02304512464/tsa-claims-naked-scanners-are-safe-exaggerated-how-they-make-sure-thats-true.shtml">mislead the public</a> about the safety (or lack of safety) in these new machines.  Also, there's no indication if these new machines will be <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">as easily defeated</a> as the old ones.<br /><br /><a href="http://www.techdirt.com/articles/20110201/13024412912/tsa-starts-testing-new-scanners-that-dont-show-your-naked-body.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110201/13024412912/tsa-starts-testing-new-scanners-that-dont-show-your-naked-body.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110201/13024412912/tsa-starts-testing-new-scanners-that-dont-show-your-naked-body.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>well,-that's-a-start</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110201/13024412912</wfw:commentRss>
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<item>
<pubDate>Mon, 17 Jan 2011 13:45:54 PST</pubDate>
<title>Patrick Leahy Says TSA Scanners Are Invasive; Will Investigate Them</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110117/03453112699/patrick-leahy-says-tsa-scanners-are-invasive-will-investigate-them.shtml</link>
<guid>http://www.techdirt.com/articles/20110117/03453112699/patrick-leahy-says-tsa-scanners-are-invasive-will-investigate-them.shtml</guid>
<description><![CDATA[ We've had plenty of problems with Senator Patrick Leahy on this blog, as his push is to always make intellectual property laws worse, such as with ProIP and now COICA.  However, sometimes he does things that deserve kudos, such as his plan to <a href="http://www.nextgov.com/nextgov/ng_20110114_7672.php" target="_blank">investigate the TSA's new scanners</a>, calling them "invasive."  Leahy apparently wants the Senate Judiciary Committee (which he heads) to examine whether or not the machines really make sense.  Of course, perhaps we should withhold any kudos until we find out what comes out of that "review..."<br /><br /><a href="http://www.techdirt.com/articles/20110117/03453112699/patrick-leahy-says-tsa-scanners-are-invasive-will-investigate-them.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110117/03453112699/patrick-leahy-says-tsa-scanners-are-invasive-will-investigate-them.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110117/03453112699/patrick-leahy-says-tsa-scanners-are-invasive-will-investigate-them.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>well-that's-a-start</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110117/03453112699</wfw:commentRss>
</item>
<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>
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</item>
<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>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110113/02585812651</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 30 Dec 2010 11:15:00 PST</pubDate>
<title>TSA Claims Naked Scanners Are Safe, But Exaggerated How They Make Sure That's True</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101230/02304512464/tsa-claims-naked-scanners-are-safe-exaggerated-how-they-make-sure-thats-true.shtml</link>
<guid>http://www.techdirt.com/articles/20101230/02304512464/tsa-claims-naked-scanners-are-safe-exaggerated-how-they-make-sure-thats-true.shtml</guid>
<description><![CDATA[ I've said in the past that of all the complaints with the TSA's naked scanners, the one that initially concerned me the least was the "safety" claims about the x-rays used in the scanners.  However, the more I hear, the more questionable it is to believe the TSA's claims that the machines are safe.  As a bunch of you sent in over the past few weeks (but which I just had a chance to read through completely), the TSA is <a href="http://www.aolnews.com/2010/12/20/aol-investigation-no-proof-tsa-scanners-are-safe/" target="_blank">being exceptionally misleading</a> when it claims that the machines are harmless, because it includes a little caveat that most people miss which potentially changes everything.  
<br /><br />
That is, it claims that the machines are perfectly safe "when they're working properly."  But as AOL's senior public health reporter discovered, "the TSA offers no proof that anyone is checking to see if the machines are 'working properly.'"  Well, it <i>pretends</i> to offer proof, in saying that a variety of groups, including the FDA, the US Army, Johns Hopkins Applied Physics Lab and something called the Health Physics Society all work with the TSA to make sure the devices are safe.  But, Schreiber contacted all the groups listed and found that it's not what you'd think.  Those groups <b>do not</b> make sure that the machines are properly maintained and calibrated.  Basically, it sounds like most of these groups tested or examined one or a small number of these machines -- often not the ones actually installed at the airport, to see if, conceptually, the machines are safe.  But none of them have anything to do with making sure the machines are maintained and calibrated safely, such that passenger safety is not put at risk.  In fact, one of the groups listed -- the Health Physics Society -- noted that the TSA actually <i>refused</i> to provide data that the TSA collects on radiation exposure from the scanners.
<br /><br />
So despite the fact that scientists are quite concerned that ill-maintained scanners or mis-calibrated scanners can cause serious health problems for people, it does not appear that the TSA has any serious specific program to guard against this.  So, the machines are safe, if they're working properly, but no one's making sure that they're really working properly -- other than the TSA, who doesn't give much details into what's actually being done to make sure that the machines are, in fact, calibrated and maintained properly.<br /><br /><a href="http://www.techdirt.com/articles/20101230/02304512464/tsa-claims-naked-scanners-are-safe-exaggerated-how-they-make-sure-thats-true.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101230/02304512464/tsa-claims-naked-scanners-are-safe-exaggerated-how-they-make-sure-thats-true.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101230/02304512464/tsa-claims-naked-scanners-are-safe-exaggerated-how-they-make-sure-thats-true.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>keeping-you-safe?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101230/02304512464</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>Thu, 18 Nov 2010 18:04:00 PST</pubDate>
<title>Backscatter Millimeter Wave Naked Scanners Confused By Folds In Clothing</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101118/02331811916/backscatter-naked-scanners-confused-by-folds-in-clothing.shtml</link>
<guid>http://www.techdirt.com/articles/20101118/02331811916/backscatter-naked-scanners-confused-by-folds-in-clothing.shtml</guid>
<description><![CDATA[ We're still waiting for anyone at the TSA to explain what they've caught with the naked <strike>backscatter</strike> millimeter wave scanners, but the more people look into these devices the worse they look in terms of actually providing security.  <a href="https://twitter.com/#!/glynmoody/statuses/5204825276940289" target="_blank">Glyn Moody</a> points us to a story in Europe, where the same machines are being tested, tests have shown that <a href="http://www.thelocal.de/sci-tech/20101116-31209.html" target="_blank">the machines regularly malfunction</a> and a big problem is that it has trouble comprehending folds in peoples' clothing.  Yes, that's right.  It might be a bomb... or it might just be your pleated pants.  In other words, rather than being an either/or situation, there seems like a half decent chance that you'll both have a naked scan <i>and then</i> get groped, just because you wore something with folded fabric. <b>Updated</b>: to reflect that this is the millimeter wave scanners, not the backscatter ones, though the two are similar overall.<br /><br /><a href="http://www.techdirt.com/articles/20101118/02331811916/backscatter-naked-scanners-confused-by-folds-in-clothing.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101118/02331811916/backscatter-naked-scanners-confused-by-folds-in-clothing.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101118/02331811916/backscatter-naked-scanners-confused-by-folds-in-clothing.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>feel-safer?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101118/02331811916</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 18 Nov 2010 14:21:28 PST</pubDate>
<title>Time Magazine Says TSA Groping Not A Problem &#038; It's All Blown Out Of Proportion By The Internet</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101118/03272911919/time-magazine-says-tsa-groping-not-a-problem-it-s-all-blown-out-of-proportion-by-the-internet.shtml</link>
<guid>http://www.techdirt.com/articles/20101118/03272911919/time-magazine-says-tsa-groping-not-a-problem-it-s-all-blown-out-of-proportion-by-the-internet.shtml</guid>
<description><![CDATA[ One of the complaints frequently  leveled at the mainstream press is that they don't do much critical thinking.  All too often, it feels like they've simply turned into scribes, rather than people who will help everyone in the community better understand things.  Case in point: Time Magazine's Alex Altman has published quite an article suggesting that <a href="http://swampland.blogs.time.com/2010/11/17/tsa-defends-new-screening-procedures/" target="_blank">the anthropmorphized "internet" is making too big a deal of the TSA's "naked or a grope" security procedures</a>.  Of course, the internet itself doesn't have "ephemeral obsessions," as Altman implies: people do.  Altman could have a point that people are overreacting but let's look at the evidence he uses to support this position.  Amusingly, it's actually two pieces of info that we had already discussed and debunked, which Altman and Time Magazine took at face value.  First up:
<blockquote><i>
 With furor of the full-body scans and invasive pat-downs reaching critical mass, TSA Administrator John Pistole went before the Senate Committee on Commerce, Science and Transportation Wednesday morning to explain why the new screening measures are a necessary evil.
<br /><br />
Pistole was conciliatory but resolute: If you're going to get on a plane, you're either going to be photographed with advanced imaging technology--the "full-body scans" that render all-too-detailed impressions of travelers' physiques--or endure an uncomfortably thorough pat-down.
</i></blockquote>
We already <a href="http://www.techdirt.com/articles/20101117/01402111906/tsa-defending-its-groin-grabbing-or-naked-image-security-techniques.shtml">discussed</a> Pistole's testimony and why he's actually lying.  Contrary to what Pistole claims (and Altman bought without checking), the vast majority of people getting on planes in US airports are going through <i>neither</i> full body scans or "an uncomfortably thorough pat-down."  Most people are <i>still</i> just going through traditional metal detectors.  Even in the airports that have the backscatter naked image scanners, most passengers still just go through traditional metal detectors.  Claiming that all passengers now go through either the backscatter scans or get a thorough pat-down is a lie.
<blockquote><i>
While you'd never guess it from the hysterical media coverage, most people are...pretty OK with that. The breathless headlines and expert discussion forums provide a distorted picture of public perception. According to a CBS News poll, 81% of Americans approve  of the decision to use full-body X-ray machines to weed out terrorist threats. Sometimes the screams of an aggrieved minority drowns out the rest of the public, and this may be one of those cases.
</i></blockquote>
Except, again, this isn't quite accurate.  As we discussed in our post <a href="http://www.techdirt.com/articles/20101116/17225811903/81-of-americans-support-naked-airport-scans-if-you-leave-out-the-naked-part-in-asking-the-question.shtml">about the poll</a>, if you go and look at what the poll <i>actually asked</i> it phrased the question in a way that leaves out <i>all</i> of the concerns people have about the scanners and only implies that the scanners help security.  That's obviously not a fair poll and the results should be discounted accordingly.  Does Altman bother to check on all of this?  Of course not.
<br /><br />
Altman may be right that people are overreacting but he didn't help by simply repeating the claims of Pistole and a weak poll, when both have already been proven to be misleading at best and downright false at worst.  Perhaps instead of rushing to mock "the internet" and its mythical "ephemeral obsessions," Altman could have taken some time to actually research the issue and to inform people of the details rather than just repeating the misleading claims from the TSA.  That's the kind of thing that would actually build up trust in the press, rather than disdain for the press.<br /><br /><a href="http://www.techdirt.com/articles/20101118/03272911919/time-magazine-says-tsa-groping-not-a-problem-it-s-all-blown-out-of-proportion-by-the-internet.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101118/03272911919/time-magazine-says-tsa-groping-not-a-problem-it-s-all-blown-out-of-proportion-by-the-internet.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101118/03272911919/time-magazine-says-tsa-groping-not-a-problem-it-s-all-blown-out-of-proportion-by-the-internet.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>thinking-critically-not-required</slash:department>
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</item>
<item>
<pubDate>Tue, 26 Oct 2010 08:25:44 PDT</pubDate>
<title>X-Ray Scanner Vans Not Just Being Sold To Law Enforcement</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101025/11370211578/x-ray-scanner-vans-not-just-being-sold-to-law-enforcement.shtml</link>
<guid>http://www.techdirt.com/articles/20101025/11370211578/x-ray-scanner-vans-not-just-being-sold-to-law-enforcement.shtml</guid>
<description><![CDATA[ A few months back, we wrote about how the backscatter x-ray technology, which is now causing concern in airports for effectively showing the "naked" you to TSA staffers, was <a href="http://www.foxnews.com/scitech/2010/10/19/x-ray-vans-security-measure-invasion-privacy/" target="_blank">also being used in vans</a> by law enforcement.  They could drive around and see scans of what was in cars and buildings around them.
<center>
<a href="http://www.flickr.com/photos/floorsixtyfour/4925641783/" title="Picture-52-300x220 by floorsixtyfour, on Flickr"><img src="http://farm5.static.flickr.com/4142/4925641783_ed8cdc59b1.jpg" width="300" height="220" border="0"/></a>
<br /><br />
<a href="http://www.flickr.com/photos/floorsixtyfour/4926236548/" title="ASEscan-300x196 by floorsixtyfour, on Flickr"><img src="http://farm5.static.flickr.com/4139/4926236548_8ffb1e04a4.jpg" width="300" height="196" border="0"/></a>
</center>
We noted at the time that 500 of these had been sold, mostly in war zones, but noted some were in use in the US.  Now, there's a report that <a href="http://www.foxnews.com/scitech/2010/10/19/x-ray-vans-security-measure-invasion-privacy/" target="_blank">looks more deeply at the vans and the controversy surrounding them</a> and notes that the company that makes them also appears to sell them to private individuals.  Most of the reports of sales are to various government agencies, but as you dig deeper, the sales become more vague:
<blockquote><i>
Other releases are more vague, however, identifying the purchasers only as "the U.S government," a "Latin American customs agency," an "international government agency," "U.S. law enforcement officials," a "South American government," a "Middle Eastern country," a "Middle Eastern government," a "Middle East government agency," a "Middle East law enforcement agency," a "South American law enforcement agency," a "new African customer," a "European Union (EU) and an Asia Pacific (APAC) client," and a "Middle Eastern customer."
</i></blockquote>
Defenders of the systems basically say that people shouldn't be afraid of such things because they need to be used within the requirements of privacy laws (in the US, at least), but seem to ignore how the US government has been more or less <a href="http://www.techdirt.com/articles/20100121/1418107862.shtml">ignoring the 4th Amendment</a> pretty regularly lately.  They also say that the technology isn't good enough to really get the "naked scans" unless you're right next to the van.  Of course, since the vans are made up to look like ordinary vans, most people will have no idea if they're standing right next to one.  And, on top of that, you have to assume that the scanning technology is only going to improve over time, meaning that it will be able to get much more detailed scans from a much greater distance.<br /><br /><a href="http://www.techdirt.com/articles/20101025/11370211578/x-ray-scanner-vans-not-just-being-sold-to-law-enforcement.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101025/11370211578/x-ray-scanner-vans-not-just-being-sold-to-law-enforcement.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101025/11370211578/x-ray-scanner-vans-not-just-being-sold-to-law-enforcement.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>who's-scanning-whom?</slash:department>
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<pubDate>Wed, 20 Oct 2010 08:37:48 PDT</pubDate>
<title>Pilot Not Allowed Through Security After He Refuses 'Naked' Backscatter Scan</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101020/00593911491/pilot-not-allowed-through-security-after-he-refuses-naked-backscatter-scan.shtml</link>
<guid>http://www.techdirt.com/articles/20101020/00593911491/pilot-not-allowed-through-security-after-he-refuses-naked-backscatter-scan.shtml</guid>
<description><![CDATA[ There's been a lot of talk lately about the new body scanners at airports, which create a "virtually naked" image of you -- bringing up all sorts of privacy concerns, especially as reports are coming out about how the machines can <a href="http://www.techdirt.com/articles/20100405/0242138878.shtml">record images</a>.  Many people, concerned about how these machines operate, have asked not to use them, and there are usually other options.  <a href="http://www.boingboing.net/2010/10/18/what-happened-when-o.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">Boing Boing</a> points us to the story of a working, uniformed pilot (working for ExpressJet) who <a href="http://www.expressjetpilots.com/the-pipe/showthread.php?39523-Well-today-was-the-day" target="_blank">refused to go through the backscatter scanner</a>.  After being directed to a normal metal detector, and declared an "opt-out," he was told he needed to be patted down by security.  He refused, noting that it was intrusive and that he had made it through the normal metal detector without a problem (the same security review he'd been given for many years as a pilot -- even in that same airport).
<br /><br />
At that point, the TSA got upset, and a bunch of other folks got involved, including the airport police.  He was detained, asked all sorts of questions (some he refused to answer), and not allowed to leave when he asked.  At one point he was told he was free to leave, but then was stopped again and told he was not allowed to go until he spoke to one more person.  The pilot, Michael Roberts, noted during his explanation of what happened that he's actually taught the TSA-mandated security training program at ExpressJet.  The whole story is yet another example of security theater in action -- people just doing things because it's on the checklist, not because it makes anyone more secure.
<blockquote><i>
"What do you mean I 'should know better'? Are you scolding me? Have I done something wrong?"
<br /><br />
"I'm not saying you've done something wrong. But you have to go through security screening if you want to enter the facility."
<br /><br />
"Understood. I've been going through security screening right here in this line for five years and never blown up an airplane, broken any laws, made any threats, or had a government agent call my boss in Houston. And you guys have never tried to touch me or see me naked that whole time. But, if that's what it's come to now, I don't want to enter the facility that badly."
</i></blockquote><br /><br /><a href="http://www.techdirt.com/articles/20101020/00593911491/pilot-not-allowed-through-security-after-he-refuses-naked-backscatter-scan.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101020/00593911491/pilot-not-allowed-through-security-after-he-refuses-naked-backscatter-scan.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101020/00593911491/pilot-not-allowed-through-security-after-he-refuses-naked-backscatter-scan.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>security-theater</slash:department>
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<pubDate>Wed, 25 Aug 2010 13:12:00 PDT</pubDate>
<title>Airport Scanner Technology Mounted On US Gov't Vans To Scan What's In Nearby Vehicles</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100825/02421910772.shtml</link>
<guid>http://www.techdirt.com/articles/20100825/02421910772.shtml</guid>
<description><![CDATA[ Already thought those full body scanners at the airports were a bit much when it came to privacy?  How about having government officials sitting in a van next to you scanning your car as you drive by with the same basic technology, without you even knowing about it?  <a href="http://www.techdirt.com/profile.php?u=gindil">Jay</a> points us to the news that a version of the same backscatter x-ray scanner technology found in airports has also been sold to the US and other governments <a href="http://blogs.forbes.com/andygreenberg/2010/08/24/full-body-scan-technology-deployed-in-street-roving-vans/" target="_blank">to mount on vans to scan nearby vehicles</a> to see what's inside.  Apparently, the company has sold 500 of these already.  Many of them are used in war zones to scan for things like car bombs, but apparently some of them are in use in the US, letting them see views such as the following on nearby vehicles:
<center>
<a href="http://www.flickr.com/photos/floorsixtyfour/4925641783/" title="Picture-52-300x220 by floorsixtyfour, on Flickr"><img src="http://farm5.static.flickr.com/4142/4925641783_ed8cdc59b1.jpg" width="300" height="220" border=0 /></a>
<br /><br />
<a href="http://www.flickr.com/photos/floorsixtyfour/4926236548/" title="ASEscan-300x196 by floorsixtyfour, on Flickr"><img src="http://farm5.static.flickr.com/4139/4926236548_8ffb1e04a4.jpg" width="300" height="196" border=0 /></a>
</center>
Now, I can see the argument for using such a technology in a war zone, but it seems to open a lot of questions concerning how it's used in the US.  Is it an illegal search to scan a car without a warrant? A decade ago, the Supreme Court ruled that using thermal imaging to scan someone's house (say, for potential marijuana growing) <a href="http://en.wikipedia.org/wiki/Kyllo_v._United_States">was a search</a>, and thus subject to the 4th Amendment requirement for a warrant.  I find it difficult to believe that a court would find this technology any different -- so the fact that it's already being used in the US makes me wonder if it's only being used with a warrant... or if we should expect to see a lawsuit on this topic soon.<br /><br /><a href="http://www.techdirt.com/articles/20100825/02421910772.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100825/02421910772.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100825/02421910772.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>illegal-search?</slash:department>
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