EPIC v. DHS (Suspension of Body Scanner Program)

[struggle4progress]

... In 2005, the Transportation Security Administration, a component of the US Department of Homeland Security, began testing passenger imaging technology - called “whole body imaging,” "body scanners," and "advanced imaging technology" - to screen air travelers. Body scanners produce detailed, three-dimensional images of individuals. Security experts have described whole body scanners as the equivalent of "a physically invasive strip-search." The agency operates the body scanner devices at airports throughout the United States ...

In July 2, 2010, EPIC, human rights advocate Chip Pitts, and security expert Bruce Schneier petitioned the D.C. Court of Appeals for review of three DHS actions— one failure to act, one agency Order, and one agency Rule—of the TSA, a DHS component. The petitioners filed a motion for emergency stay, urging the Court to shut down the program as soon as possible in order to prevent irreparable harm to American travelers.

In EPIC v. DHS, No. 10-1157, petitioners argue that DHS violated the Administrative Procedures Act when it failed to act on EPIC's May 31, 2009 petition to the agency and when it refused to process of EPIC’s April 21, 2010 petition. The Administrative Procedures Act states that each agency shall give an interested person the right to petition for the issuance, amendment, or repeal of a rule. Courts have found that petitioning parties are entitled to a response on the merits. Agencies are obligated to respond within a reasonable time. EPIC argued that because TSA failed to deny or grant either of EPIC's two petitions, the agency has violated the Administrative Procedures Act ...

http://epic.org/privacy/body_scanners/epic_v_dhs_suspension_of_body.html