Judge Says No To FOIA Request For TSA Body Scan Images

from the suspect-reasoning dept

Julian Sanchez points us to the news that a district court judge has rejected an attempt by the privacy-rights group EPIC to force Homeland Security to release some 2,000 full body scans from the TSA's new airport scanners. EPIC has been suing 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.

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.

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.

Filed Under: freedom of information, scanners, tsa
Companies: epic, tsa

TSA Warns That If You Wear Scanner Resistant Clothing, They'll Have To Grope You

from the public-service-announcement dept

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 undergarments with the 4th Amendment printed in metallic ink, so that whoever is viewing the scan can see the "message" left for them. Others apparently created special "flying pasties" (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. Consumerist points us to a blog post from the TSA, in which they warn anyone who plans to wear such clothing that might "conceal sensitive areas," that it will only mean that you're more likely to get groped.

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.

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.

Seems a bit high on the passive-aggressive scale.

Filed Under: scanners, tsa
Companies: tsa

TSA Claims Naked Scanners Are Safe, But Exaggerated How They Make Sure That's True

from the keeping-you-safe? dept

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 being exceptionally misleading when it claims that the machines are harmless, because it includes a little caveat that most people miss which potentially changes everything.

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 pretends 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 do not 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 refused to provide data that the TSA collects on radiation exposure from the scanners.

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.

Filed Under: callibration, safety, scanners, tsa

Molecular Biologist Highlights Serious Safety Concerns Over TSA Scanners

from the more-data-needed dept

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. Keith Dawson points us to a blog post by Molecular Biologist Jason Bell, reviewing the literature on these devices 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:

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.

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.

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.

Filed Under: radiation, scanners, tsa
Companies: tsa

Backscatter Millimeter Wave Naked Scanners Confused By Folds In Clothing

from the feel-safer? dept

We're still waiting for anyone at the TSA to explain what they've caught with the naked backscatter millimeter wave scanners, but the more people look into these devices the worse they look in terms of actually providing security. Glyn Moody points us to a story in Europe, where the same machines are being tested, tests have shown that the machines regularly malfunction 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 and then get groped, just because you wore something with folded fabric. Updated: to reflect that this is the millimeter wave scanners, not the backscatter ones, though the two are similar overall.

Filed Under: backscatter, malfunction, scanners, tsa

Time Magazine Says TSA Groping Not A Problem & It's All Blown Out Of Proportion By The Internet

from the thinking-critically-not-required dept

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 the anthropmorphized "internet" is making too big a deal of the TSA's "naked or a grope" security procedures. 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:

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.

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.

We already discussed 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 neither full body scans or "an uncomfortably thorough pat-down." Most people are still 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.

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.

Except, again, this isn't quite accurate. As we discussed in our post about the poll, if you go and look at what the poll actually asked it phrased the question in a way that leaves out all 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.

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.

Filed Under: alex altman, backscatter, journalism, privacy, scanners, security, time magazine, tsa

X-Ray Scanner Vans Not Just Being Sold To Law Enforcement

from the who's-scanning-whom? dept

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 also being used in vans by law enforcement. They could drive around and see scans of what was in cars and buildings around them.

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 looks more deeply at the vans and the controversy surrounding them 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:

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."

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 ignoring the 4th Amendment 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.

Filed Under: backscatter, privacy, scanners, vans, x-rays

Pilot Not Allowed Through Security After He Refuses 'Naked' Backscatter Scan

from the security-theater dept

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 record images. Many people, concerned about how these machines operate, have asked not to use them, and there are usually other options. Boing Boing points us to the story of a working, uniformed pilot (working for ExpressJet) who refused to go through the backscatter scanner. 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).

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.

"What do you mean I 'should know better'? Are you scolding me? Have I done something wrong?"

"I'm not saying you've done something wrong. But you have to go through security screening if you want to enter the facility."

"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."

Filed Under: airports, backscatter, civil rights, pilots, scanners, security, security theater

Airport Scanner Technology Mounted On US Gov't Vans To Scan What's In Nearby Vehicles

from the illegal-search? dept

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? Jay 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 to mount on vans to scan nearby vehicles 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:

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) was a search, 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.

Filed Under: privacy, scanners