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One Year Later and No Hearings on TSA Body Scanners

By Tanya Roth, Esq. on July 18, 2012 | Last updated on March 21, 2019

The Transportation Security Administration's "nude" body scanners aren't facing much resistance from the D.C. Circuit Court of Appeals.

It's been exactly one year since the D.C. Circuit told TSA to act promptly and hold public hearings on the nude body scanners, reports Wired.

But after one year, there have been no public hearings and no regulations adopted on the use of the scanners.

If you've traveled recently, you might have seen one of these contraptions. They are found at airport security checkpoints and show a full "nude" x-ray of the body.

Last year, a three-judge panel of the D.C. Circuit Court of Appeals held that the TSA was in breach of federal law when it put these nude body scanners into place.

The Electronic Privacy Information Center (EPIC) brought the lawsuit, arguing that the scanners were overly invasive. The D.C. Circuit Court of Appeals didn't find, however, that the scanners were in violation of the Fourth Amendment's prohibition against unreasonable searches.

Despite passing the Fourth Amendment challenge, the implementation of the scanners violated the Administrative Procedures Act because TSA failed to have a 90-day public comment period.

EPIC has brought motions before the D.C. Circuit Court of Appeals to urge TSA to solicit public comments, but the motions have been denied by the D.C. Circuit. TSA has argued that a public comment period would get in the way of the government's ability to respond to "ever-evolving threats."

If the court won't compel TSA to offer a comment period, maybe the White House will: There's a petition underway to urge the White House to get involved, reports Wired.

One year later, there still have been no public hearings. So here's to another year.

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