Capitol Hill Briefing

Airport Body‐​Scanning: Will TSA Follow the Law?

July 19, 2012 12:30 PM to 2:15 PM EDT

2212 Rayburn House Office Building

Featuring Ginger McCall, Director, Open Government Program, Electronic Privacy Information Center; Marc Scribner, Land‐​use and Transportation Policy Analyst, Competitive Enterprise Institute; John Mueller, Senior Fellow, Cato Institute; moderated by Jim Harper, Director, Information Policy Studies, Cato Institute.

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Last July the D.C. Circuit Court of Appeals ruled that the Transportation Security Administration must do a “notice‐​and‐​comment” rulemaking on its policy of sending passengers through Advanced Imaging Technology machines (aka “body‐​scanners” or “strip‐​search machines”) and putting people who refuse the machines through a prison‐​style pat‐​down. The TSA is supposed to publish its policy in the Federal Register, take comments from the public, and issue a final rule that responds to public input. It has been a year since that ruling, and TSA hasn’t even started the process. Come learn about the lawsuit that produced the ruling, the effort to get TSA to do a rulemaking, and some of the information the TSA will have to consider when it follows the court’s ruling.