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Tuesday, November 16, 2010

TSA Full Body Scanners & Intrusive Pat-Downs: Has Airport Security Gone Too Far?

"Any society that would give up a little liberty to gain a little security will deserve neither and lose both."  This famous quote by Benjamin Franklin is all over the web today amid a sea of controversy that hit the mainstream media after John Tyner, a 31 year old from California, blogged about his experience with airport security at San Diego International Airport.  Mr Tyner, who upon refusing to be seen virtually naked in a Backscatter X-Ray (also known as Advanced Imaging/Millimeter wave technology) was informed that he would instead need to conform to receiving a physical pat-down that would involve a manual check of the groin area.  After refusing what he believed to constitute molestation and a violation of his civil rights, he was denied access to his flight, and upon trying to leave the airport, was informed that he might even face charges and a $10,000 fine for failing to follow TSA regulations and complete the security check. 

Mr Tyner wrote: "She (the TSA agent) described to me that because I had opted out of the backscatter screening, I would now be patted down, and that involved running hands up the inside of my legs until they felt my groin. I stated that I would not allow myself to be subject to a molestation as a condition of getting on my flight. The supervisor informed me that it was a standard administrative security check and that they were authorized to do it. I repeated that I felt what they were doing was a sexual assault, and that if they were anyone but the government, the act would be illegal."
Upon trying to leave the airport, Mr Tyner was again approached and told he had to return to the security screening area.  He writes, "He informed me that I could not leave the airport. He said that once I start the screening in the secure area, I could not leave until it was completed. Having left the area, he stated, I would be subject to a civil suit and a $10,000 fine.

It is interesting to note that this topic is very controversial, and while there has been an outpouring of support for Mr Tyner's refusal to cooperate with the TSA screening process, there is also equally passionate support for these stricter anti-terrorist security measures.

Many of Mr Tyner's supporters claim that as a government agency, the TSA is prohibited from unreasonable searches and seizures by the Fourth Amendment.  One anonymous reader wrote: "THANK YOU. The TSA is out of control and we need to reign them in. You now have a "choice" of being photographed naked or molested if you want to fly. It's absurd. I can only bet members of Congress don't fly commercially with their families."

On the opposing side of the argument, another anonymous reaction read, "If the rules mean you're going to be subjected to insignificant amounts of radiation while someone briefly glimpses your precious 'junk', or that you might be touched, then you have two options: 1. Deal with it, or 2. Leave. The airline, and, in turn, the government, are responsible for the safety of everyone on the plane you wished to get on, as well as any potential targets on the ground in case of a bombing or hijacking, therefore, they've made the rules to try and detect bombs or weapons as best they can, and as unobtrusively as possible."

What do you think?  Have Airport Security measures gone too far?  Or do you agree with the implementation of this new technology and what passengers are subjected to if they refuse to be scanned?

Please join the discussion here

For a list of airports with Full Body Scanners, click here (Jaunted)

15 comments:

Alexandra said...

Fear leads to drastic measures. Clearly the nation has not overcome its fear - it's just snowballed into expensive, potentially health hazardous body scans by complete strangers...best way to protest this is by not only ACLU lawsuits but...STOP flying. Utilize your freedom of speech by being a conscious consumer. Also, hand out flyers to travelers outside airports informing them about their right to privacy and the potential risks of a full body scan....eventually the issue will reach a critical mass (if it hasn't already) and a positive change may come. Passengers need to be informed of their rights! And that their rights are protected by the CONSTITUTION!

Anonymous said...

"you have two options: 1. Deal with it, or 2. Leave."

Only apparently those two options really boil down to "1. Deal with it, or 2. be subject to a civil suit and a $10,000 fine"

James Cole said...

So the choice is the slim possibility of getting terrorized by psychos on a plane or absolutely getting terrorized by airport security? Hmmmmm, I'll have to think about that.
Basically, since our governments and airports have decided to act like the tyrannical governments they claim to be protecting us from, I have boycotted flying all together.

Jacks said...

This really is upsetting. It makes me not want to travel, and I love to travel. There are no other options in many cases and one must board a plane. Is there a means in which the public and get this process changed or are we forever at the mercy of TSA?

Anita Gray said...

@Jacks. I can understand how you feel, but short of boycotting flying, I think the only real change has to come through policy...so you could write to your Congressman?

heatheratkins said...

I had never experienced the scanner at LAX, but recently came into contact with it when chosen at "random" to go through. I wasn't sure that it 'was what it was' because it looked a lot different than the fully enclosed ones I've experienced at other airports. The TSA worker asked me to enter the machine. I wasn't sure what it was called, but asked the TSA worker if it was one of those x-ray machines.. she said "No." As soon as I stepped in the thing I realized that indeed it was a lovely nude image machine and that I had been blatantly lied to. Had I known what it was, I would have requested a delightful frisk... at least I know a woman would be performing the procedure.. who knows who look at the nudey images. Quite frankly I can get over the fact that some perv is making some very inappropriate observances, but with the obscene amount of radiation I undergo on a yearly basis (between flying more than 100,000 miles per year and I also generally get around 5 to 10 x-rays on a yearly basis for medical reasons), I feel tremendously violated by these things.

I really am tired of people disagreeing with my opinion and accusing me of 'supporting terrorists' by having a problem with this. (Yes, people can be very ignorant in regard to the bigger picture). I could go on and on but will leave you with that. Unfortunately there's not a whole lot I can do about this atrocity except complain in comment form on a blog :(

Thanks for the great post!

Ayngelina said...

We've now reached the point of hysteria and it's ridiculous. As a Canadian I've heard the US is putting pressure on Canadian airports to do the same, which is an unneeded expense.

But as a traveler, I'd prefer the groping. In most countries you get the pat down anyway and it's no big deal.

Anita Gray said...

@heatheratkins: Heather, as someone who travels as frequently as you do, I truly sympathize. And you make a very good point about the frequency to which you will be exposed to radiation (I'm no scientist, but common sense tells me frequent travelers will be exposed to more radiation than someone who flies once a year).

Also, I read that the TSA, at busy times, could not guarantee a same-sex TSA officer...do you know any different?

@Ayngelina Your comment is very interesting. Has your experiences of pat downs in other countries included the groin area? You see, this legislation is new, and the nature of the pat-downs in US airports has changed to literally include a level of human touch that would be illegal to be performed by any non-governmental organization.

Would enjoy seeing you both join the conversation on Discussions here:

http://www.travelpost.com/discussions/1277-Scannergate-What-do-you-think-about-the-new-TSA-Advanced-Imaging-Technology-full-body-scanners

Kahran Singh said...

http://www.vimeo.com/16865565

This + watching that video of the girl crying while the TSA is continuing to grab at her is horrific. What should that mother have done? Walked away and faced a lawsuit and 10,000 fine?

Anita Gray said...

Here is a very interesting development! - Congressman Ron Paul of Texas is introducing "The American Traveler Dignity Act" to the House of Representatives. Check his site for more details. Some good news for those of you who are finding it difficult to find reasons to keep flying:

http://paul.house.gov/index.php?option=com_content&task=view&id=1796&Itemid=60

Amanda said...

Like many people, I'm flying to visit family over the holidays. This will be my last flight, if I even make it to the plane. I say that because I will not go through the nude-o-scope, and I will not be subjected to sexual assault. However, you don't know if you will be selected for these searches until you are in the "secure area". Apparently once you are in the security line the "choices" are nude, assault, or fine?! That's like being asked "would you like to be poisoned, stabbed, or hung?".

And if I should make it to my destination, I could still get strip-search selection on the way home. Ugg!

I am really sad, as I love to travel and do so frequently, but I will not fly again while these policies remain in effect. I'm being active and letting my govt representatives know that this is NOT okay. You also have to vote with your wallet and let the airlines know why they are losing your business.

Anita Gray said...

@Amanda

I'm so sorry to hear that you feel this way. Your analogy seems right on...I do hope that this situation can be alleviated by our elected officials and enable those of us that love to travel the freedom to do so without an airport visit producing such high anxiety levels.

leahkaminsky said...

It's all travel theater at its best:

http://en.wikipedia.org/wiki/Security_theater

I strangely am not so worried about this issue, other than a few concerns with the radiation. I guess I already feel like flying in this country is a huge pain, and the only way I've learned to deal with it is by letting go and not caring. Once they go past a certain point, which they crossed a long time ago, it all seems the same. In other words: I'm already disillusioned, harried, annoyed, and violated, and find myself more focused on disliking people who hold up the line by not putting their liquids in a baggy beforehand than worrying about the greater meaning of the gesture. Grope me, scan me, whatever. But I'm thankful other people are paying attention, caring, and reminding us all what the word "violation" means.

Also, you know Chertoff, the one who championed these things, is hugely profiting from their installment, right?

http://www.thenewamerican.com/index.php/economy/commentary-mainmenu-43/5240-getting-rich-from-the-naked-body-scanners

leahkaminsky said...

I should clarify on my last comment: I think what happened to Mr. Tyner is ridiculous and shouldn't be allowed. I also fully see why people so fully object to it, and think it does constitute "unreasonable search and seizure." I just am not personally up in arms about it, because it already seems like we're pretty far gone.

Amanda said...

@leahkaminsky

Your resigned apathy makes me sad! Your opinions and your rights count! Lend your voice to the cause if you agree that it's not right. I don't believe I'm being idealistic when I say that we can make things change when we band together. I have little doubt that these latest TSA policies will be in the scrap heap soon or later (hopefully sooner).

Sign a petition. Call your representatives. Or just stop flying. But don't just accept that you will be violated when you fly. You deserve better.

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