TSA Insists That There's Been No Delay In Public Hearings Over Nudie Scanners; It Just Hasn't Held Them

from the got-that dept

A few weeks back, we noted that a court had ordered the TSA to explain why it had failed to obey the court’s earlier order 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 that since there’s no deadline on when the court told them to hold a hearing, there’s no problem. Basically “we can hold a hearing whenever we get around to it.”

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.

Petitioner offers no basis whatsoever for its assertion that TSA has delayed in implementing this Court’s mandate. On the contrary, as the Sammon Declaration demonstrates, TSA has been keenly aware of the importance of implementing the Court’s directive, and has given high priority to the AIT rulemaking. Despite “significant personnel losses” in the group of economists within TSA charged with completing the regulatory analysis… the agency began on the heels of the Court’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

Later, it claims:

In sum, there has been no “waiting” and no “delay.”

Other than the fact that we’re still waiting, you mean?

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Comments on “TSA Insists That There's Been No Delay In Public Hearings Over Nudie Scanners; It Just Hasn't Held Them”

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kenichi tanaka says:

This is an in-genius way of re-interpreting the court order but it’s just an excuse. They only had a selected, limited, number of people assigned for these hearings? The TSA has never heard of a backup plan in case someone couldn’t be in attendance at the hearing?

It’s like being court ordered to hold a meeting and you need 3 people from the TSA to hold that meeting but that you only assign 3 people for the hearing and those 3 people no longer work at the TSA?


That’s not the fault of the court, that’s due to mismanagement on the part of the TSA to delay holding the hearings as long as possible. Unfortunately, I don’t think the court is going to side with the TSA. It doesn’t take over a year to schedule a hearing on the issue of the scanners.

You get out your calendar and you set a hearing date. That’s all there is to it and you get those employees to set the time aside for it. You also have a plan to substitute other TSA staff in case something unforseen arises.

It doesn’t take a rocket scientist to figure this out.

A. Traveller says:

It's the radiation that bothers me

My objection to the scanners is that we don’t know how much radiation we’re being exposed to.

Some scanners utilize ionizing radiation (which can cause cancer in sufficient doses) and others don’t.

As for the “nudie” aspect … I don’t care. Avoiding cancer is worth far more than hiding my genitalia.

Jeremy Lyman (profile) says:

Re: It's the radiation that bothers me

I’m not really sure if the radiation is a danger, but I opt out of the scanners more to remind myself and (hopefully) others around me of how invasive these searches are. The equivalent to standing in the scanner is having every inch of your body touched by a (polite, in my experience) stranger in public. Just because the technology allows them to intrude on more people with less visibility does not make the intrusion less unwarranted.

With no hearings for people to express their concerns, this is the only method left for us to object.

DogBreath says:

Later, it claims:

In sum, there has been no “waiting” and no “delay.”

Other than the fact that we’re still waiting, you mean?

Somehow I think they are still waiting for some high and mighty organization, like the RIAA, to get back to them with the info they need. I mean just like how the RIAA came through in the Dajaz1.com case for the government… oh, wait, never mind.

Fisher1949 (profile) says:

Prosecute Pistole

Pistole should be jailed for contempt of court until TSA completes the public comment process. TSA has consistently lied to Congress, the courts and the public about virtually every aspect of their procedures without any repercussions.

The Europeans don?t allow the backscatter scanners to be used on children because the image is so graphic it violates child pornography laws. These pose a cancer risk and still produce a naked image which Denver TSA area director Pat Ahlstrom, admitted “were graphic, no doubt about it.”.

The backscatter scanners have not been tested for radiation exposure despite testimony by radiologists that these pose a risk. These lack privacy software and a screener is viewing the nude image of every passenger who passes through in violation of multiple State and federal laws.

The government also said that Agent Orange was safe and we all know how that ended up. If TSA won’t allow testing and install privacy software they should not be allowed them to use them.

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