"The court overstated the effectiveness of the body scanner devices and understated the degree of the privacy intrusion to the travelling public," stated EPIC President Marc Rotenberg. EPIC's petition challenged the Court's finding that the devices detect "liquid and powders," which was never established and was not claimed by the government. EPIC also argued that the court wrongly concluded that the TSA is not subject to a federal privacy law that prohibits video voyeurism. The panel found that TSA body scanner employees are "engaged in law enforcement activity," contrary to the TSA's own regulations.
Note that this is a request for a rehearing with the same court that rejected their request to stop TSA's use of body scanners. It is not an appeal to a higher court. Is EPIC likely to obtain a more favorable ruling from the same court?
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