Opt out regulation documented?

Discussion in 'Aviation Passenger Security in the USA' started by ArtDog, Jun 25, 2013.

  1. ArtDog

    ArtDog Member

    Where is the right of a passenger to opt out of TSA electronic scanning defined? I didn't see it in the CFR or Federal statutes. The statement that passengers are allowed to opt out is made on some pages of the TSA website but that is a description of policy--not a definition of policy. Is it in any publicly available TSA regulation?
     
  2. RB

    RB Founding Member

    Welcome to TUG. Happy to have ya. I suspect the answer to your question is buried in TSA's secret screening manual. Rugape is our resident TSA member, perhaps he can shed some more light on this.
     
  3. Doober

    Doober Original Member

    None of the TSA's regulations are publicly available 'cause so doing would be giving aid and comfort to the enemy. As you point out, all they do is publish "policy" which can change in a NY minute.
     
  4. Caradoc

    Caradoc Original Member

    Well, that and allow their soulless, brain-dead, ethically-and-morally-impaired "employees" post commentary on the taxpayers' dime (see, "Boggy Boob" and the rest of the (expletive deleted) called the "Blog Team").
     
  5. KrazyKat

    KrazyKat Original Member

    Says the incredibly deficient rule we little people were allowed to comment on, three years after the fact, in which TSA cites the Court decision forcing the open comments:
    Footnote 27 = "(quoting sec. 4013 of the Intelligence Reform and Terrorism Prevention Act of 2004, Pub. L.108-458, 118 Stat. 3719)."

    If you are disabled, your choice is zero. Submission to patdown is non-optional.
     
  6. Rugape

    Rugape Original Member

    The closest thing to a publicly disseminated opt out statement is here: http://www.tsa.gov/ait-privacy In the last paragraph, it describes that if someone opts out, they will undergo a pat down and that was updated in May of 13.

    There is also the mention of being able to opt out here (pdf warning): http://www.tsa.gov/sites/default/files/assets/pdf/ait_fact_sheet.pdf but it does not describe the actions that would come after the opt out (which would be a patdown).

    There are some other mentions of the ability to opt out, and the patdown requisite in some other areas on the website, but they are just the same statement found in the links above. The court decision mentioned above is the most binding statement of it, as it was rendered in open court. I can find no specific published rule/law that indicates the ability to opt out, however, since it has been stated in open court, then it is something that sould be fairly easy to challenge in another court if the option is not honored.
     
  7. KrazyKat

    KrazyKat Original Member

    Amazing.
     
    Caradoc likes this.
  8. RB

    RB Founding Member

    Any idea why TSA calls what they do a "Pat Down" since no patting is done?
     
  9. So the patdown is yet another alegal procedure then?
     
  10. Rugape

    Rugape Original Member

    I would venture since the clearing of alarms by this process has always been called a patdown, they kept that name for familiarity reasons.

    The only way to answer that would be to give you the list of ATSA which created the TSA and gave them the ability to create regulations and to operate which would be here:

    http://www.govtrack.us/congress/bills/107/s1447

    Then the CFR that states to gain access to the sterile area, passengers must participate in the screening process is here:

    http://www.law.cornell.edu/cfr/text/49/1540.107

    What it boils down to is that the regulations state that passengers must complete the screening measures put in place in order to gain entry to the sterile area in order to board the plane. Now the legality of the screening measures in place is a higher level question than I can answer, and currently there are no court rulings that directly remove the current process as it exists - at least, not that I can find.
     
  11. RB

    RB Founding Member

    I would suggest that the TSA Body Rub Down and Crotch Grab is more like a prison/jail intake weapons/contraban clearing action than a pat down for weapons.

    Call it what you want but what TSA does is a disgusting Un-American personal violation and TSA employees should be ashamed of the violation of peoples bodies they inflict.
     
    nachtnebel likes this.
  12. nachtnebel

    nachtnebel Original Member

    RB has it right. it is a rubdown and crotch feel over. TSA kept the old name not because it was familiar but because they did not want to admit what they were doing.
     
  13. Caradoc

    Caradoc Original Member

    So we have Yet Another Redefinition by the TSA. I am Jack's Complete Lack of Surprise.

    Other words the TSA has mangled beyond recognition or demonstrated an abject lack of understanding:

    Respect
    Care
    Honesty
    Trust
    Ethical
    Integrity
    Professionalism
    Truth
    Officer

    Exactly. The TSA prefers to redefine words so as to mislead the public as to what they're actually doing.
     
Tags: scanners, opt out

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