The Transportation Security Administration finally obeyed a 2011 federal court order March 3 and issued a 157 page Federal Register notice justifying its controversial full-body scanners and other checkpoint procedures. TSA’s notice ignored the fact that the “nudie” scanners are utterly unreliable; TSAfailed to detect 95% of weapons and mock bombs that Inspector General testers smuggled past them last year while the agency continues to mislead the public about its heavy-handed treatment of travelers.
The Federal Register notice is full of soothing pablum about how travelers have no reason to fear the TSA, declaring that “passengers can obtain information before they leave for the airport on what items are prohibited.” But it neglects to mention that TSA can invoke ludicrous pretexts to treat innocent travelers as suspicious terrorist suspects.
Flying home from Portland, Ore., on Thanksgiving morning, I had a too-close encounter with TSA agents that spurred me to file a Freedom of Information Act request. On March 5, I finally received a bevy of TSA documents and video footage with a grope-by-grope timeline.
As a silent assertion of my rights, I opted out that morning from passing through the “nudie” full-body scanners. A TSA agent instead did a vigorous pat-down and then, after running his glove through an explosive trace detector (ETD), announced that I showed a positive alert for explosives. He did not know what type of explosive was detected and refused to disclose how often that machine spewed false alarms. Regardless, I was told I would have to undergo a an additional special pat-down to resolve the explosive alert. I was marched off by three TSA agents to a closed room. TSA states that “a companion of his or her choosing may accompany the passenger” but I was never notified of that right.
TSA disclosed exhaustive video coverage of my every movement in the Portland airport, even detailing which chair I chose after getting a Starbucks coffee. But there is a tell-tale gap. The video timeline notes “7:50:29 group arrives at Private Security room. 7:50:55. Door Closes. 7:57:28 Door Opens.” The seven-minute gap in the recording is where travelers’ rights vanish.
TSA’s power is effectively unlimited behind closed doors. The lead TransportationSecurity officer (LTSO) proceeded to carry out a far more aggressive patdown, tugging on my shirt as if he thought it was a tear-away football jersey. The procedure was only mildly aggravating until he jammed his palm into my groin three times. Perhaps that pointless procedure was retribution for opting-out or my scoffing at their security theater.
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