US Sued by Harvard Law Students Over Airport Scans, Pat-Down
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US Sued by Harvard Law Students Over Airport Scans, Pat-Downs
Thursday, 02 Dec 2010 07:33 AM
The U.S. government was sued in federal court in Boston by two Harvard University law students who claim their constitutional rights were violated by “nude body scanners” and “enhanced pat-downs” at airports.
Jeffrey Redfern, 27, and Anant Pradhan, 23, who are members of the law school’s class of 2012, said the security measures taken at airports are “intrusive” and violate the Fourth Amendment of the U.S. Constitution, according to their complaint filed Nov. 29.
The students, who said they are regular travelers who use Boston’s Logan International Airport, seek a declaration that mandatory screening using the enhanced measures is unconstitutional and a ban on the techniques “without reasonable suspicion or probable cause.”
More than 400 body scanners, which are designed to detect non-metallic weapons beneath clothing, have been installed in at least 70 U.S. airports. Fewer than 50 were in use a year ago, the Transportation Security Administration has said.
The TSA has accelerated adoption of the scanners since a Northwest Airlines passenger tried to blow up a flight to Detroit on Dec. 25 by igniting explosives in his underpants. The bomb failed to fully detonate.
The scanners in use at airports produce images of the nude body. Travelers who don’t want their bodies scanned can receive an “enhanced pat-down” by airport security staff.
Pradhan, traveling from Boston to Dallas on Nov. 24, and Redfern, flying to Washington from Logan on Nov. 17, opted out of the scanners and were given pat-downs, according to the complaint.
‘Genitals and Buttocks’
“Plaintiffs found the process highly intrusive, including touching, better described as prodding and lifting of the genitals and buttocks,” they said in the suit.
Named as defendants were Janet Napolitano, Secretary of Homeland Security, and John Pistole, administrator of the TSA.
Amy Kudwa, a spokeswoman for the Department of Homeland Security, declined to comment and referred calls to the TSA. Sterling Payne, a spokeswoman for the TSA, declined to comment on pending litigation.
“I don’t think Anant and I want to enter the public fray any more than we have to --especially during finals period,” Redfern said yesterday in an e-mail.
“We honestly don’t have much to say that would be of general interest,” he said. “So much has been said about this issue in the last month, and while we think we have some solid legal theories, they would be terribly boring to anyone but a lawyer.”
The case is Redfern v. Napolitano, 10-cv-12048, U.S. District Court, District of Massachusetts (Boston).
US Sued by Harvard Law Students Over Airport Scans, Pat-Downs
Thursday, 02 Dec 2010 07:33 AM
The U.S. government was sued in federal court in Boston by two Harvard University law students who claim their constitutional rights were violated by “nude body scanners” and “enhanced pat-downs” at airports.
Jeffrey Redfern, 27, and Anant Pradhan, 23, who are members of the law school’s class of 2012, said the security measures taken at airports are “intrusive” and violate the Fourth Amendment of the U.S. Constitution, according to their complaint filed Nov. 29.
The students, who said they are regular travelers who use Boston’s Logan International Airport, seek a declaration that mandatory screening using the enhanced measures is unconstitutional and a ban on the techniques “without reasonable suspicion or probable cause.”
More than 400 body scanners, which are designed to detect non-metallic weapons beneath clothing, have been installed in at least 70 U.S. airports. Fewer than 50 were in use a year ago, the Transportation Security Administration has said.
The TSA has accelerated adoption of the scanners since a Northwest Airlines passenger tried to blow up a flight to Detroit on Dec. 25 by igniting explosives in his underpants. The bomb failed to fully detonate.
The scanners in use at airports produce images of the nude body. Travelers who don’t want their bodies scanned can receive an “enhanced pat-down” by airport security staff.
Pradhan, traveling from Boston to Dallas on Nov. 24, and Redfern, flying to Washington from Logan on Nov. 17, opted out of the scanners and were given pat-downs, according to the complaint.
‘Genitals and Buttocks’
“Plaintiffs found the process highly intrusive, including touching, better described as prodding and lifting of the genitals and buttocks,” they said in the suit.
Named as defendants were Janet Napolitano, Secretary of Homeland Security, and John Pistole, administrator of the TSA.
Amy Kudwa, a spokeswoman for the Department of Homeland Security, declined to comment and referred calls to the TSA. Sterling Payne, a spokeswoman for the TSA, declined to comment on pending litigation.
“I don’t think Anant and I want to enter the public fray any more than we have to --especially during finals period,” Redfern said yesterday in an e-mail.
“We honestly don’t have much to say that would be of general interest,” he said. “So much has been said about this issue in the last month, and while we think we have some solid legal theories, they would be terribly boring to anyone but a lawyer.”
The case is Redfern v. Napolitano, 10-cv-12048, U.S. District Court, District of Massachusetts (Boston).
Comments
Unfortunately many people don't look at the BIG PICTURE and fail to realize that a nation's security has little to do with airport security, or with asking people to take off their shoes. How did those 9/11 "terrorists" ALL obtain visas to enter American territory? Something to think about...
Still, I'm not sure Americans have really asked for tougher airport security measures. I haven't seen people take to the streets to ask for body scans! If certain journalists have talked about tougher security measures, maybe it's because they're part of the machine, conditioning people to accept certain things and even create the illusion that they, the people, want those measures! If you're a regular Joe and believe that American people want body scans, you're gonna say "well hey, we asked for this and it's all for our benefit".
Oh, and another thing that'll be coming up (besides the chip): IRIS SCANS!
I 100% agree. There should have been a national referendum on the use of body scans... Otherwise the measure seems illegal to me. There can't be an assumption that everyone is a potential terrorist.
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Can't watch the video here but I remember having seen something like Citizen and citizen could make all the difference when people sign official papers... and someting with birth certificates... etc. They own everything... supposedly.