by Professor » Tue Feb 05, 2013 11:52 am
As I've said before, I do not believe that the TSA has a right to this type of invasive search. Anything that produces an image of the body is over the line.
I've heard the arguement that "it's an agreement between 2 private parties, not subject to Federal privacy laws". I disagree. First off, if that were true, then it would be a private contract between two private entities (me and the airline). But, the Federal government gets involved because they are the TSA. Therefore, the whole host of Federal protections on privacy must come into play.
Then again, I hear, "if you don't want to submit to it, then you don't have to fly." Again, I disagree. There is no way to get from one point to another in this country without subjecting yourself to governmental jurisdiction. If you drive, you need a license. If you ride a train, there are laws about what you can and cannot do. You cannot walk, as you'd be walking on private property. Flying is no different. If you want to get from NY to L.A., there is no other realistic way to do it.