Information Center (EPIC) filed the opening brief in the case against the controversial full body scanner program administered by the Department of Homeland Security.
According to the EPIC filing, the TSA program violates the federal Privacy Act,
the Religious Freedom Restoration Act, the Video Voyeurism Prevention Act, and the
Administrative Procedures Act.
EPIC also asserts that the program violates the Fourth Amendment, as the body
scanners are highly invasive and are applied to all air travelers without any particular
Marc Rotenberg, President of EPIC and lead counsel in the case, said the TSA
program is “unlawful, invasive, and ineffective.”
EPIC argues that the Department of Homeland Security “has initiated the most
sweeping, the most invasive, and the most unaccountable suspicionless search of
American travelers in history.”
EPIC further states that the Transportation Security Administration “must comply with relevant law, and it must not be permitted to engage in such a fundamental change in agency practice without providing the public the opportunity to express its views.”
“The TSA has disregarded virtually every law and Constitutional principle that
applies to the operation of the body scanner program. This lawsuit is critical to uphold the rule of law,” said Chip Pitts, Former President of the Bill of Rights Defense Committee, and a plaintiff in the lawsuit.
The EPIC court papers point out that the agency has made no meaningful effort to allow travelers an alternative to these invasive searches.
EPIC succeeded in an earlier lawsuit against the Homeland Security program
concerning the body scanner program.
In a Freedom of Information Act lawsuit, EPIC obtained government records that revealed that the TSA required that the devices be able to store and record images of naked air travelers.
In a related suit against the US Marshall Service, EPIC also obtained 35,000
stored images from a single body scanner operated in a courthouse.
Read EPIC’s opening brief here