National Opt Out Day "failed" (if by "failed" you mean "didn't slow things to a halt") because the TSA quietly stopped using the scanners on that day, so there was nothing to opt out of. Don't kid yourself that there are enough others like you that will sacrifice liberty for alleged safety.
"Examining the junk" of an adult, or photographing the same naked, isn't traditionally a lawful governmental objective either. But it becomes more obvious how wrong it is when you think of the children, elderly, handicapped, breast cancer survivors, rape survivors, etc., that have to deal with this nonsense.
Indeed, although the TSA will argue that that particular law doesn't apply to orders under s. 46110. Stay tuned for that fight.
Please read http://yro.slashdot.org/comments.pl?sid=3156341&cid=41515905 -- not a fuckup, but an intentional decision. I am pro se, although about a dozen members of state bars, including Jesse Ventura's awesome legal team, made the same decision in their similar suits.
0) It's ok... I don't accept legal advice from strangers anyway.
2) Yes, but there are many questions of fact. For example, are the scanners effective (since effectiveness is a part of the balancing test in deciding if a search is reasonable)? See my video on that: http://tsaoutofourpants.wordpress.com/2012/03/06/1b-of-nude-body-scanners-made-worthless-by-blog-how-anyone-can-get-anything-past-the-tsas-nude-body-scanners/
3) 11th Circuit. The wires have mistakenly reported me as a Michigan resident since I used a Michigan mailing address on court documents. I live in Miami Beach, FL.
4) Thank you. :)
Thank you, and you're quite welcome! There's a donate button on my blog: http://tsaoutofourpants.wordpress.com/ I'm considering trying Kickstarter/Indygogo, but for now, just PayPal.
> Is another suit in the DC court worth the trouble? I give that an emphatic, "hell yes." --Mr. Corbett
Hello, filer of the lawsuit here. There's perhaps a little bit more to read than what you've read... the first page of my SCOTUS petition or 11th Circuit appellate brief would have cleared things up.
The brief summary is that my lawsuit was filed in District Court quite intentionally: District Court is the only federal court that has a trial by jury, as well as discovery and witnesses as-of-right. After filing, the TSA invoked a law that was not designed to send challenges to agency "orders" to the US Court of Appeals. The idea behind the law is that some administrative agencies have proceedings with administrative law judges that legitimately should be challenged in the appeals courts. For example, if you try to bring a knife on a plane, the TSA has administrative law judges to assess a civil penalty against you, and you can appeal that decision to the appeals court.
However, the TSA has now successfully argued that ANYTHING THEY WRITE DOWN CONSTITUTES AN "ORDER" THAT CANNOT BE THE SUBJECT OF A JURY TRIAL. Think about that for a second: the gatekeepers of our constitutional rights are supposed to be *the people*. Instead, it is now a group of men that are appointed by the President, who happens to be the guy who appoints the head of the TSA who started this mess.
My fight against the TSA will continue on in the appeals court, which is the only good news here. You may read more at: http://tsaoutofourpants.wordpress.com/2012/10/01/supreme-court-declines-to-consider-whether-nude-body-scanners-deserve-a-trial/
Uploaded just for
/. :) http://www.youtube.com/watch?v=OFu15m97yLA
Sorry to be the nerd here, but there are two different types of EM radiation used by these scanners: x-rays and millimeter waves. Neither of these two are in the terahertz range.
I got into this in November 2010 when I was outraged that the TSA introduced the scanners as primary screening in conjunction with the pat-down. I filed suit that month in U.S. District Court, and have been fighting against TSA abuse since then. I work for no government agency.
I've actually had several comments left on my blog from IP ranges belonging to the body scanner manufacturers. It would not surprise me if a vast majority of pro-TSA posts on the Internet are written by DHS or manufacturer employees.
If you watch the video closely in 720p/full-screen, you can clearly see the metal object in my pocket. If you'd like, I can upload a high-res version of the relevant security camera to make it easier to see.
The equipment uses EM radiation to create an image of your body without your clothes with significant detail and clarity... what would *you* call them?