Federal Court Requires Additional Public Explanations for TSA's Advanced Imaging Technology
By Rob Strayer
The decision from the U.S. Court of Appeals in a lawsuit challenging the Transportation Security Administration’s use of Advanced Imaging Technology machines is that they do not constitute an unreasonable search under the Fourth Amendment to the U.S. Constitution. What is significant is the D.C. Circuit’s holding that TSA failed to provide notice and solicit public comments on a new rule that passengers undergo a mandatory whole body scan or a pat down. The court’s decision will have potentially far ranging effects on the Department of Homeland Security and other agencies that seek to implement new security measures.