The use of full-body scanners at airports has some practical issues regarding increased delays and invasion of privacy. In addition are the Constitutional, ethical, and safety issues raised by the use of the full-body scanners.
Constitutional Issues
Civil libertarians cite Constitutional blocks to the use of body scanners. Specifically, the body scan is a violation of the Fourth Amendment, unreasonable search and seizure.
The Fourth Amendment reads as follows:
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Thus, there are arguments that searching all airline passengers, without probable cause, is unconstitutional. A virtual "strip-search" as the body-scanners are referred to, is an unreasonable search.
Ethical Issues
In Britain, the body scanners were being held off for children under the age of eighteen, due to concern that the body scanners violate child protection laws. According to Scott Warren's article in The Daily Mail,
"Legislation forbids the creation of indecent images of children and privacy campaigners and civil liberties groups say the images are so graphic the process amounts to 'virtual strip searching'.The hi-tech scanners produce an anatomical image of passengers' bodies, including breasts and genitalia."
Within a few weeks, however, British authorities overturned the law regarding children's images, without being specific regarding the reasoning.
In addition, there is concern about the method of implementing the scanning machines. Michael Chertoff, former Director of Homeland Security implemented by George W. Bush, is pushing the machines. At the same time, his security consulting agency, Chertoff Group, contracts with a client who makes the machines and profits when they are sold.
When people raise the issue of body-scanners being an invasion of privacy, Chertoff refers to them as "privacy idealogues."
Chertoff explains that "...passengers can choose not to walk through one of the machines and receive a physical examination instead."
Level of Radiation in Body Scanners
In his article titled, "Are Airport Full Body Scanners a Health Menace?" Yves Smith cites an expert on X-radiation, Dr. John Gofman, of the University of California at Berkeley:
"Dr. Gofman’s exhaustive research leads him to conclude that there is NO SAFE DOSE-LEVEL of ionizing radiation. His studies indicate that radiation from medical diagnostics and treatment is a causal co-factor in 50 percent of America’s cancers and 60 percent of our ischemic (blood flow blockage) heart disease.”
Due to concerns about radiation, there are questions about the TSA and implementation of full body scanners. Some of the problematic situations arise with the level of radiation, such as on women who are pregnant, or who do not know they are pregnant.
Due to Consitutional, privacy, and safety issues, commentators compare the body scans to body counts in photos from World War 2. One post included a war photo and writing titled "Body Scanners. Do Not Submit." With the post no longer online, the photo was similar to these in pointing out the end result of agreeing to body scans.
Jan. 11, 2010 update " Body Scanners, From Airports to Football Games.
Feb. 02, 2010 update "Britain Requires Airport Passengers to Be Scanned."
March 22, 2010 update Idaho Legislature Limits Use of Forced Body Scans
November 13, 2010 update " Biochemist, Pilots, Passengers Backlash against Naked Body Scans."
November 15, 2010 update "Tyner's Revolt against Government TSA Naked Body Scan Grope Down."
December 07, 2010 update "Mainstream News Quotes Body Scan Lobbyist Chertoff as Former DHS."
March 06, 2011 update "Erwin Bingel Testifies to the Killings at Vinnista." Holocaust Research Project.
References
- American Civil Liberties Union. "Body Scanners." March 15, 2002.
- The Bill of Rights. National Archives Records Administration.
- Benen, Steve. "Michael Chertoff's Pushing 'Full-Body Scanner for Airports but He Has a Conflict of Interest." Washington Monthly. January 2, 2010.
- Chertoff, Michael. "Former Homeland Security Chief Argues for Whole-Body Imaging." The Washington Post, January 1, 2010.
- Foehammer. " Body Scanners. Do Not Submit." January 6, 2010.
- Guarino, Mark. "Airport Security: Two Alternatives to Full-body Scanners." The Christian Science Monitor, December 31, 2009.
- Hayes, John C. "Privacy Activists Score Victories against More Detailed Body Scanners at Airports." Chicago Tribune. Sunday, January 10th, 2010.
- Hsu, Jeremy. "Airport Body Scanners Reveal All." LiveScience, April 1, 2009.
- Savage, David. "Privacy Activists Score Victories Against More Detailed Body Scanners at Airports." Chicago Tribune, January 10, 2010.
- Warren, Scott. "Full-body Airport Scanners Face Further Delays..." January 5, 2010.
- Watson, Paul Joseph. "Now Mobile Devices Will Scan on the Street." Friday, January 8, 2010.
Teresa Knudsen - Teresa's writing appears in the British Library, Harvard, Yale, and Princeton. Online she has written for USA Today and E How.
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