Thursday, July 16, 2015

TSA Sued Over Failure to Issue Set Rules for Use of Invasive Body Scanners

Brian Doherty
Jul. 15, 2015  11:58 pm

Free-market research and advocacy group the Competitive Enterprise Institute (CEI) (disclosure: I held a one year fellowship with CEI in 1999-2000), along with the National Center for Transgender Equality, The Rutherford Institute and CEI's President Lawson Bader and Marc Scribner, a fellow in CEI's Center for Technology and Innovation as private individuals), this week filed a lawsuit in the U.S. District Court of Appeals for the D.C. Circuit, challenging the Transportation Security Administration's use of "advanced imaging technology" full body scanners, on administrative grounds.

As an emailed press release from Scribner described the suit, it:

requests the court enforce its July 15, 2011, decision that found the TSA’s deployment of body scanners in violation of the Administrative Procedure Act. The 2011 court ordered the TSA to “promptly” open a rulemaking proceeding and produce a final rule. Today is the four-year anniversary of the court order and we still do not have a final rule to evaluate and potentially challenge. In fact, given that TSA has been rolling out body scanners since 2007, they have been violating the APA for eight years.

Read more here:

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