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TSA Porn and the Fourth Amendment

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TSA Porn and the Fourth Amendment Empty TSA Porn and the Fourth Amendment

Post by swiftfoxmark2 Mon Nov 08, 2010 10:49 am

Protect Yourself and Your Family Against TSA Tyranny
by Michael Roberts

Letter submitted to USA Today on Thu, Nov 4, 2010 at 1:46 PM; rejected for publication at 2:35 PM:

For those who may still be unfamiliar, please allow me to briefly explain what’s happening in the U.S.A. today. When a law-abiding citizen wishes to travel out of any major airport in the country where the latest air transportation security procedures have been implemented, he or she will now be subjected to what can only be truthfully described as a virtual strip search. The federal government is using funds raised through the Recovery Act to stimulate the economy by installing expensive new Advanced Imaging Technology (AIT) systems at airport security checkpoints throughout the nation. These devices enable screeners to see beneath travelers’ clothing to an extremely invasive level of detail. For example, the images are graphic enough to enable agents to determine whether a man has been circumcised, or whether a woman is menstruating.

The Transportation Security Administration (TSA) is quick to point out that this program is optional. Individuals who decline this indignity, or “opt out,” will instead be physically frisked, which entails a federal security agent’s hands passing over the entire body, including the buttocks, breasts, hair, and genitals. The agent will explain the procedure beforehand, and the traveler is expected to consent and comply or else opt back into the AIT scanner. Otherwise, he or she will not be admitted to the secured side of the facility or allowed to board an aircraft.

On October 15, I was turned away from the security screening checkpoint at Memphis International Airport when I declined both AIT screening and the secondary “enhanced pat-down” procedure. I was attempting to enter the facility for my commute to Houston, where I’m based as a pilot for ExpressJet Airlines, doing business as Continental Express. I did, however, pass through a standard impulse induction metal detector without triggering an alarm, just as I have done approximately once per week at that same checkpoint (which happens to be in Terminal C – hence, “Checkpoint Charlie”) for the past four and a half years.

TSA announced the new screening policies last July. When we learned about the changes, many of my coworkers and I were deeply disturbed, especially as we discovered that this mistreatment was being mandated for crew members as well as passengers – even children! We discussed the various ways in which we might express our rejection of the new rules. Unfortunately, there had been no proposal published, and no opportunity for the public to comment. TSA had simply issued its decree, and it was already on the books. Because we didn’t want an incident like mine to be the first indication of our dissent, our initial concern at the time was to notify the company that we do not consent to having images of our nude bodies produced as a matter of course in performing the routine duties of our profession.

“Neither,” we wrote last August in a letter to our managers, “can we abide being stopped daily by government agents and physically molested,” as a reasonable alternative.

We also wrote: “While we take airline security very seriously, we do not believe the dubious benefits of these invasive measures justify the trade off in employee and passenger privacy and other rights and liberties. It is our view that reasonable levels of security within the air transportation system can and must be achieved without producing images of travelers’ naked bodies or subjecting them without cause to… unwelcome touching at the hands of federally employed airport security guards.”

The Fourth Amendment to the United States Constitution states:

“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.”

I specifically draw the reader’s attention to the first eight words. Our nation’s founders clearly affirmed “the right of the people to be secure.” It’s equally clear that they saw the kind of wholesale, unprovoked assault against persons and privacy that is being committed within our borders today as a serious threat to that security – serious enough, in fact, to write it down in the Bill of Rights.

What is happening in the U.S.A. today is not safe. The things our government is doing do not make us secure or protect us. On the contrary, it is now necessary for us to protect ourselves from our supposed protectors. My wife and I teach our children to defend their bodies, and not to allow anyone to touch them in certain ways – not even friends or relatives. But if we wish to travel by air as a family, we must now deliver our children over to such abuse at the hands of strangers and tell them it’s okay because these are security guards who work for the government and wear uniforms with shiny badges. We will not. It is not okay. And we urgently implore our neighbors everywhere to protect themselves and their families as well.


Last edited by swiftfoxmark2 on Mon Nov 08, 2010 10:50 am; edited 1 time in total
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TSA Porn and the Fourth Amendment Empty Hey, US Air

Post by swiftfoxmark2 Mon Nov 08, 2010 10:49 am

Hey, US Air

November 6, 2010

US Airways
ATTN: Customer Relations
4000 E Sky Harbor Blvd
Phoenix, AZ 85034

Dear Sir or Madam:

I am surprised that I have not heard back from you regarding the letter dated Oct 25th that I sent to you and also posted on the internet. A similar letter that I sent to Orbitz has received a response even though Orbitz does not provide a mailing address specific for customer service and the letter was mailed to their headquarters in Chicago.

To re-cap, I am writing regarding my plans for Christmas travel with my family from Washington, DC to [a city in] CA. I purchased my tickets on your airline but recently learned that BWI has backscatter scanners as primary screening for all passengers. Since I was not alerted of this gross invasion of privacy when I purchased my tickets, I am hoping that you will address this in one of two ways:

Refund the entire amount of my ticket so that I can use the money to make alternative arrangements.
Or, cover my expenses to fly to BWI from another airport without the scanners installed so that I can make the flight that I’ve already paid for.
Orbitz has already agreed to waive their own fees to accommodate my situation.

Once again, I must reiterate that solving my holiday travel plans is only part of what I hope to accomplish by writing to you. This is a much bigger issue, and I was in tears earlier today as I contemplated the corner that the airline industry has backed me into. Since I wrote the previous letter, things have gotten worse, not better. Last Friday, the TSA announced that it will be using a much more aggressive "pat down" on passengers that "opt out" of the scanners. The scanners enable a complete stranger to see me and my child naked. This is a breach of my 4th Amendment right to security in my own person. As the TSA has pointed out, this is not mandatory, because I can choose to undergo a pat-down instead. However, a pat-down is still a violation of my 4th Amendment rights. But now, the new pat down is nothing short of sexual assault and molestation.

So my choices are:

to be a victim of voyeurism,
to be a victim of sexual assault, or
to not fly.
This is a really easy decision for me: I won’t be flying if I have to go through a scanner or be frisked in order to do so. Furthermore, no child of mine will fly if they must be either ogled or felt-up by a stranger. For now, it seems that I still have the option of flying out of airports that don’t have the scanners installed. However, since the TSA is planning on doubling the number of scanners at airports in 2011, I fear that I will no longer be able to fly. In other words, if you don’t act to reverse the course, you will lose me as a customer.

Don’t tell me that this is not your fault: you are, by definition, complicit in the TSA actions. The airline industry has not stood up for your customers in decades by allowing warrantless bag searches, the frisking of passengers with medical devices, as well as the more recent humiliations and inconveniences of airline travel in the last decade. This has already cut into your bottom line: I’m sure you’re aware that it used to be worthwhile to take a plane from Washington to New York, or similar short distances, but now many people choose to drive 4, 8, or 12 hours to avoid the hassle of flying. As the scanners were installed over the past year, the airline industry has sunk to a new low by failing to protect the basic human rights of your customers.

I am doing everything I can to make sure that as few people as possible submit to this egregious violation of their rights. One of the websites that I posted my letter to you on last week has had over 5000 hits since my letter went public. However, I expect that many more people have seen the letter since it was picked up by other high-traffic sites and I have made it available on Scribd. This letter will have already been online by the time you receive it (I waited a few days on the last letter so that you would have a chance to respond first), and I expect it will generate a lot of interest once again.

The tide of public opinion is already starting to turn. US Air can choose to acquire a backbone before it is too late. I expect that the airlines that are the first to protect their customers will be rewarded. Those who show themselves to have no concern for their customers will pay the price.

Sincerely,

Kathryn Muratore
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TSA Porn and the Fourth Amendment Empty Re: TSA Porn and the Fourth Amendment

Post by Bladerunner Mon Nov 08, 2010 4:20 pm

Man, am I glad that I never have to fly commercial again. The last time I did was long before 9/11. However, that only solves the problem for me. I have a long list of "government" agencies and socialist institutions that, held in the bright light of the constitution, should--must--be abolished, eliminated, or destroyed. The TSA is one of them. Interesting that, in my imagination, the names or acronyms of all those agencies and institutions rhyme with "Gestapo."
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TSA Porn and the Fourth Amendment Empty The Indignity About the Full Body Scanners

Post by swiftfoxmark2 Tue Nov 09, 2010 8:39 am

The Indignity About the Full Body Scanners

In the 9 years since 9-11 there have been exactly 0 incidents of hijackings or terror attacks by individuals boarding domestic aircraft in this country (not an international flight originating from another country). When coupled with the facts that there are over 30,000 commercial departures per day with an average passenger load per flight easily exceeding 25, then this most recent mathematical history teaches us:

That the odds of being subject to a terrorist attack on a domestic (US) commercial airliner today are greater than 22 BILLION, 173 MILLION, 750 THOUSAND to 1 (22,173,750,000)! Woefully lower than getting hit by lightening, attacked by a shark and a refund from the IRS; all at the same time!

And I’m the one full of hot air for trying to bring reason to all this security-hyped nonsense? I’m the paranoid one for trying to raise your awareness to the pragmatic inevitability that short of full-blown x-rays and dogs up your butt you can’t stop every attack? No, unfortunately my mathematically-challenged and ‘Threat-Level’ terrified brethren, I’m just one of the few (with a set) standing up. Not standing up because I’m embarrassed by my body mind you. Not standing up because I’m in a hurry either, because if I were I certainly wouldn’t be wasting my time standing in the TSA ‘Rope & Grope’ line. No, I’m merely standing up for what makes sense.

And electronic strip-searches and indiscriminate fondling by our new ‘Brown-Shirts’ (Hitler Youth) brings nothing advantageous to the security issue and does everything to worsen it. Why? Because the borders of this country are so wide-open that no terrorist need bother with the TSA and all its anal-ness? Any half-wit al Qaeda that can manage to walk across the border (like ever one else) with a Stinger or RPG can just waltz up to any major airport, take aim and bring down you narrow-minded exhibitionists any day of the week! Yet here you are 9 years after September 11th none the wiser, or richer for that matter; continually reaching into your dwindling bag of liberties (and Dignity) and dolling out more and more for imagined security.

And obviously most of you don’t realize just how poorly our airline industry is doing these days; let alone how things really work. Do you think the major’s got together and demanded that the Air Marshalls move from First Class to Coach for nothing? I mean, what with a whopping 1000 or so total Marshalls extrapolated over the entire air-carrier network, what does a few (very few) First Class seats translate into anyway? And yes, getting hit in the bottom line does tend to get the big-boys (i.e. Delta, American, etc.) to do for us what this ever-bloating government that you all don’t seem to mind bending over for, would never do.

And no, I don’t think psychiatry is appropriate here. Perhaps brain surgery to remove your heads out of your collective asses would be more appropriate; because it appears that most of you haven’t figured out that all this FBS is just for show. And that government just wants more ways to flagellate you all; which apparently you’re not getting enough of yet.

So my advice for all you flaccid ones out there who take issue with people for standing up against such wasteful invasions of privacy is, buy plenty of KY Jelly. Because thanks to you holes of little resistance, this unrestrained government’s patoodling is just going to get harder, longer and more frequent!
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Post by imaginethat Tue Nov 09, 2010 1:07 pm

GOTTA pass this one along.
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TSA Porn and the Fourth Amendment Empty Catch-22 and the TSA

Post by swiftfoxmark2 Mon Nov 15, 2010 8:57 am

TSA Encounter at SAN
by John Tyner

These events took place roughly between 5:30 and 6:30 AM, November 13th in Terminal 2 of the San Diego International Airport. I'm writing this approximately 2 1/2 hours after the events transpired, and they are correct to the best of my recollection. I will admit to being particularly fuzzy on the exact order of events when dealing with the agents after getting my ticket refunded; however, all of the events described did occur.

I had my phone recording audio and video of much of these events. The quality is pretty good, and I'm in the process of getting it online.

Please spread this story as far and wide as possible. I will make no claims to copyright or otherwise.


This morning, I tried to fly out of San Diego International Airport but was refused by the TSA. I had been somewhat prepared for this eventuality. I have been reading about the millimeter wave and backscatter x-ray machines and the possible harm to health as well as the vivid pictures they create of people's naked bodies. Not wanting to go through them, I had done my research on the TSA's website prior to traveling to see if SAN had them. From all indications, they did not. When I arrived at the security line, I found that the TSA's website was out of date. SAN does in fact utilize backscatter x-ray machines.

I made my way through the line toward the first line of "defense": the TSA ID checker. This agent looked over my boarding pass, looked over my ID, looked at me and then back at my ID. After that, he waved me through. SAN is still operating metal detectors, so I walked over to one of the lines for them. After removing my shoes and making my way toward the metal detector, the person in front of me in line was pulled out to go through the backscatter machine. After asking what it was and being told, he opted out. This left the machine free, and before I could go through the metal detector, I was pulled out of line to go through the backscatter machine. When asked, I half-chuckled and said, "I don't think so." At this point, I was informed that I would be subject to a pat down, and I waited for another agent.

A male agent (it was a female who had directed me to the backscatter machine in the first place), came and waited for me to get my bags and then directed me over to the far corner of the area for screening. After setting my things on a table, he turned to me and began to explain that he was going to do a "standard" pat down. (I thought to myself, "great, not one of those gropings like I've been reading about".) After he described, the pat down, I realized that he intended to touch my groin. After he finished his description but before he started the pat down, I looked him straight in the eye and said, "if you touch my junk, I'll have you arrested." He, a bit taken aback, informed me that he would have to involve his supervisor because of my comment.

We both stood there for no more than probably two minutes before a female TSA agent (apparently, the supervisor) arrived. She described to me that because I had opted out of the backscatter screening, I would now be patted down, and that involved running hands up the inside of my legs until they felt my groin. I stated that I would not allow myself to be subject to a molestation as a condition of getting on my flight. The supervisor informed me that it was a standard administrative security check and that they were authorized to do it. I repeated that I felt what they were doing was a sexual assault, and that if they were anyone but the government, the act would be illegal. I believe that I was then informed that if I did not submit to the inspection, I would not be getting on my flight. I again stated that I thought the search was illegal. I told her that I would be willing to submit to a walk through the metal detector as over 80% of the rest of the people were doing, but I would not be groped. The supervisor, then offered to go get her supervisor.

I took a seat in a tiny metal chair next to the table with my belongings and waited. While waiting, I asked the original agent (who was supposed to do the pat down) if he had many people opt out to which he replied, none (or almost none, I don't remember exactly). He said that I gave up a lot of rights when I bought my ticket. I replied that the government took them away after September 11th. There was silence until the next supervisor arrived. A few minutes later, the female agent/supervisor arrived with a man in a suit (not a uniform). He gave me a business card identifying him as David Silva, Transportation Security Manager, San Diego International Airport. At this point, more TSA agents as well as what I assume was a local police officer arrived on the scene and surrounded the area where I was being detained. The female supervisor explained the situation to Mr. Silva. After some quick back and forth (that I didn't understand/hear), I could overhear Mr. Silva say something to the effect of, "then escort him from the airport." I again offered to submit to the metal detector, and my father-in-law, who was near by also tried to plead for some reasonableness on the TSA's part.

The female supervisor took my ID at this point and began taking some kind of report with which I cooperated. Once she had finished, I asked if I could put my shoes back on. I was allowed to put my shoes back on and gather my belongs. I asked, "are we done here" (it was clear at this point that I was going to be escorted out), and the local police officer said, "follow me". I followed him around the side of the screening area and back out to the ticketing area. I said apologized to him for the hassle, to which he replied that it was not a problem.

I made my way over to the American Airlines counter, explained the situation, and asked if my ticket could be refunded. The woman behind the counter furiously typed away for about 30 seconds before letting me know that she would need a supervisor. She went to the other end of the counter. When she returned, she informed me that the ticket was non-refundable, but that she was still trying to find a supervisor. After a few more minutes, she was able to refund my ticket. I told her that I had previously had a bad experience with American Airlines and had sworn never to fly with them again (I rationalized this trip since my father-in-law had paid for the ticket), but that after her helpfulness, I would once again be willing to use their carrier again.

At this point, I thought it was all over. I began to make my way to the stairs to exit the airport, when I was approached by another man in slacks and a sport coat. He was accompanied by the officer that had escorted me to the ticketing area and Mr. Silva. He informed me that I could not leave the airport. He said that once I start the screening in the secure area, I could not leave until it was completed. Having left the area, he stated, I would be subject to a civil suit and a $10,000 fine. I asked him if he was also going to fine the 6 TSA agents and the local police officer who escorted me from the secure area. After all, I did exactly what I was told. He said that they didn't know the rules, and that he would deal with them later. They would not be subject to civil penalties. I then pointed to Mr. Silva and asked if he would be subject to any penalties. He is the agents' supervisor, and he directed them to escort me out. The man informed me that Mr. Silva was new and he would not be subject to penalties, either. He again asserted the necessity that I return to the screening area. When I asked why, he explained that I may have an incendiary device and whether or not that was true needed to be determined. I told him that I would submit to a walk through the metal detector, but that was it; I would not be groped. He told me that their procedures are on their website, and therefore, I was fully informed before I entered the airport; I had implicitly agreed to whatever screening they deemed appropriate. I told him that San Diego was not listed on the TSA's website as an airport using Advanced Imaging Technology, and I believed that I would only be subject to the metal detector. He replied that he was not a webmaster, and I asked then why he was referring me to the TSA's website if he didn't know anything about it. I again refused to re-enter the screening area.

The man asked me to stay put while he walked off to confer with the officer and Mr. Silva. They went about 20 feet away and began talking amongst themselves while I waited. I couldn't over hear anything, but I got the impression that the police officer was recounting his version of the events that had transpired in the screening area (my initial refusal to be patted down). After a few minutes, I asked loudly across the distance if I was free to leave. The man dismissively held up a finger and said, "hold on". I waited. After another minute or so, he returned and asked for my name. I asked why he needed it, and reminded him that the female supervisor/agent had already taken a report. He said that he was trying to be friendly and help me out. I asked to what end. He reminded me that I could be sued civilly and face a $10,000 fine and that my cooperation could help mitigate the penalties I was facing. I replied that he already had my information in the report that was taken and I asked if I was free to leave. I reminded him that he was now illegally detaining me and that I would not be subject to screening as a condition of leaving the airport. He told me that he was only trying to help (I should note that his demeanor never suggested that he was trying to help. I was clearly being interrogated.), and that no one was forcing me to stay. I asked if tried to leave if he would have the officer arrest me. He again said that no one was forcing me to stay. I looked him in the eye, and said, "then I'm leaving". He replied, "then we'll bring a civil suit against you", to which I said, "you bring that suit" and walked out of the airport.This video starts with my bag and belongings going through the x-ray machine.They're kind of long, and they don't show much, but the audio is really good.

There are some Youtube videos on the article's site that I didn't include because I haven't watched them.
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Post by imaginethat Tue Nov 16, 2010 5:38 pm

May they all go directly to hell, do not pass go, do not collect $200
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Post by swiftfoxmark2 Wed Nov 17, 2010 8:50 am

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Post by swiftfoxmark2 Thu Nov 18, 2010 12:47 pm

Ron Paul makes an attempt to remove the problem:



Probably won't even leave a Congressional committee.
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TSA Porn and the Fourth Amendment Empty Re: TSA Porn and the Fourth Amendment

Post by Doc Trock Thu Nov 18, 2010 7:07 pm

Ron Paul responds to the people.
That's why DC has nothing to do with him.

Like I've said a million times:

You can't reform the state from within the state. While Paul's voice and example is totally necessary and inspiring, he won't make a bit of difference in government.

He as made a huge difference in the minds of people however. Ideas have consequences, and Paul has done more than anyone else to teach the tenets of freedom.

The state must collapse.
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TSA Porn and the Fourth Amendment Empty Re: TSA Porn and the Fourth Amendment

Post by swiftfoxmark2 Fri Nov 19, 2010 10:29 am

From what I understand, there was no law that was passed by Congress that created this whole mess to begin with. Watch for Republican leaders to say that it isn't their problem as it is an executive decision that needs to be undone. Much like how they won't support the Sanctity of Life Act because they believe that abortion should be fixed by the courts.
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