Any organization pretending to be anything but what they are when providing comment on a matter of public policy is committing fraud. If they do so electronically, they’re committing wire fraud. (And if they’re mailing paper, it’s mail fraud.)
Any individual represented by the government whose public agency is being defrauded should be able to argue standing to file suit, though of course the ideal would be for the state—as a representative of the interests of the society as a whole—also has and should exercise their standing to criminally prosecute such fraud.
TSA agents should take up the new patdowns with their union, and make a point to their management that they feel these searches are quite violating to both parties, don't increase passenger security appreciably, and may be illegal under the 4th Amendment.
The TSA agents are following an illegal order, in that they are performing unreasonable search under the 4th Amendment.
They must be held individually responsible for their actons because "just following orders" is never a defense: One of the things that prevents wholescale atrocity by those under someone else's authority is the understanding that one has not just the right but the responsibility to refuse an illegal order.
Techdirt has not posted any stories submitted by Eschaton.
File a civil suit to encourage prosecution
Any organization pretending to be anything but what they are when providing comment on a matter of public policy is committing fraud. If they do so electronically, they’re committing wire fraud. (And if they’re mailing paper, it’s mail fraud.) Any individual represented by the government whose public agency is being defrauded should be able to argue standing to file suit, though of course the ideal would be for the state—as a representative of the interests of the society as a whole—also has and should exercise their standing to criminally prosecute such fraud.
Re: Keep up the pressure
TSA agents should take up the new patdowns with their union, and make a point to their management that they feel these searches are quite violating to both parties, don't increase passenger security appreciably, and may be illegal under the 4th Amendment.
If they don't have a union, they should form one.
Re: Keep up the pressure
The TSA agents are following an illegal order, in that they are performing unreasonable search under the 4th Amendment. They must be held individually responsible for their actons because "just following orders" is never a defense: One of the things that prevents wholescale atrocity by those under someone else's authority is the understanding that one has not just the right but the responsibility to refuse an illegal order.