New methods of security implemented at airports across the nation are being described as invasive and invasive by passengers, but a few public organizations are going as far as to say these new procedures are even unconstitutional, according to a blog by The Washington Post.
The Electronic Privacy Information Center, an advocacy group, has filed a lawsuit claiming the new full-body scanners and pat-downs are unconstitutional and other countries have found more appropriate and effective ways to screen passengers while permitting them some form of privacy.
Though most individuals traveling after the change have yet to receive a full pat-down, everyone has been and will be subjected to the new full-body scanners, and will more than likely receive a little “How’s your father” by a TSA employee in his or her lifetime.
The argument pertaining to the constitutionality of the recent TSA methods begs an interesting question.
Are the pat-downs and full-body scanners now being used at American airports more than annoying, awkward and downright ineffective? Are these new methods unconstitutional?
Images taken by the full-body scanners used in the United States have the option of being stored or transmitted. According to the Washington Post blog, over 35,000 images from these full-body scanners had been saved by the U.S. Marshals Service, though, the TSA swears it is not saving or sending these images unless in “test” mode.
Lower U.S. courts have made rulings about security measures, claiming they are constitutional if they are “minimally invasive,” as well as “effective.” However it seems like these new screening methods are anything but minimally invasive. They are maximally invasive, a complete removal our privacy as U.S. citizens.
Furthermore, the full-body scanners introduced by the TSA use high frequencies to obtain their images, giving rise to the concern of radiation. What’s more is the fact that these scanners capture an extremely detailed picture of the passenger’s body, so make sure the bra matches the panties, ladies.
In other countries, different types of full-body scanners are utilized, maintaining the notion of being minimally invasive, safer, and overall more effective. For example, the Dutch currently use scanners called ProVision ATDs. While these scanners do capture images of a passenger’s entire body, these images are not detailed down to the pore like those taken in the United States.
If a person going through a ProVision ATD scanner triggers concern for unsafe substances or objects, an outline of that portion of the body is displayed on a gender-neutral screen. This method deprives TSA employees of a peep show — though they are probably unphased by the naked form at this point — and preserves the dignity of the typically innocent passenger. Not only that, but the frequencies at which the body is scanned are lower, allowing for less potential of radiation exposure to passengers.
It is understandable that government officials are attempting to keep U.S. citizens and residents safe, but at what cost? Is it worth it to be completely violated both physically and electronically in order to be convinced you will have safe travels?
Of course it is in every individual’s best interest to follow the new rules and not give any lip, but only if these new regulations and procedures adhere to the U.S. Constitution. Until these new techniques are refined and made more reasonable, the TSA will continue to face a ton of flack.
Jessica Wood is a senior biology major and a columnist for the Daily 49er.
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