TSA Confronted by Courts Over AIT Body Scanners and Administrative Procedures Act

alexmc22
Sept 23, 2012

The TSA denied that it is stonewalling a July 15, 2011 federal appeals court decision that demands prompt implementation of public hearings about the AIT body scanning devices as well as the public adoption of rules and regulations regarding their use.

On August 1, 2012 the court ordered the TSA to explain why this has not been done. The TSA responded by saying that they expect to have a notice published in the Federal Register that will open up the AIT body scanning devices to public comments and hearings by February.

The court ruled that the TSA had violated the Administrative Procedures Act which requires a 90 day public notice and comment period prior to rolling out the AIT body scanners as the primary method of screening. The Act mandates that this period must be held prior to implementing any rules that substantially effect the rights of the public.

The TSA was not reprimanded for it's breach of federal law. The TSA argued that the 90 day notice and comment period would hinder their ability to fight ever evolving terrorist threats.

The AIT body scanners have been criticized for invading privacy as well posing a health risk due to the radiation involved with the AIT scanners. The TSA said that it has enhanced privacy protection through automated target recognition technology. 

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