An appeals court has set a briefing schedule for a lawsuit challenging the airport naked body scanner program.
The United States Court of Appeals for the District of Columbia Circuit will hear arguments in the case of Electronic Privacy Information Center (EPIC) v Department of Homeland Security (DHS), and initial briefs are due Nov. 1.
Epic alleges DHS has violated three Federal laws — the Administrative Procedures Act, the Privacy Act and the Religious Freedom Restoration Act — and claims that the body scanner search itself is unconstitutional based on what the courts have said about the permissible scope of screening procedures. The scanners peer beneath clothing and produce very revealing negative photos that can be easily turned into positive photos with the use of commonly-found computer software and those images — of children and adults — could wind up anywhere.
We have documented before how, despite DHS promises to the contrary, the scanners can be used to store and transmit images. The scanners are also dangerous and ineffective. Some of our reports can be read here, here, here and here.