The Department Of Homeland Security finally filed an its answer brief in EPIC's suit to suspend TSA's controversial airport body scanner program. The Electronic Privacy Information Center (EPIC) argued that body scanners are "unlawful, invasive, and ineffective," but DHS responded that EPIC's claims are "unfounded" and "meritless."
The EPIC opening brief [PDF] outlined several violations and asked the Court to halt all use of DHS naked body scanners. EPIC brought claims under the Fourth Amendment, the Privacy Act, the Video Voyeurism Prevention Act, the Religious Freedom Restoration Act, and the Administrative Procedure Act.
I've made it clear before that I am no attorney, but let me save you from yawnsville and reading DHS's answering brief [PDF]. The 86-page PDF goes on and on about how TSA properly processed EPIC's petitions for rulemaking, then goes further to insist there is no such "rule" and why it doesn't apply to TSA, BUT just in case the Court decides TSA did issue a rule, that rule is exempt. Furthermore, DHS explains why the Court should not stop TSA from using the naked body scanners until the legality of it all is decided...
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