Criminal Justice & the Rule of Law Cybersecurity & Tech

TSA Body Scanners

Paul Rosenzweig
Friday, January 18, 2013, 5:49 PM
CNN is reporting that TSA has announced the removal of all Rapiscan X-ray backscatter airport machines, to be accom

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CNN is reporting that TSA has announced the removal of all Rapiscan X-ray backscatter airport machines, to be accomplished no later than June 2013.  The backscatter machines (the big boxy ones like the one in this post) were thought to be unsafe because they used X-rays (though TSA said otherwise).  But their demise rests on a different ground -- privacy. The second sort of machine that TSA uses (the millimeter wave scanners -- the open-glass circular ones) not only use radio waves (thought to be safer) but can accommodate privacy-protective software that substitutes a generic human outline for the figure of the individual undergoing scanning.  Rapiscan has now announced that it cannot duplicate that software technology in its machines. This will make TSA's justification of its machinery under the Administrative Procedures Act much easier to achieve.  The rule making that will go forward will now have the safest, most privacy-protective alternative available.  I can't imagine a court striking it down. Bottom line:  The boxes may come back if Rapiscan can fix the software problem, but for now expect to see all 200+ of them moved to mothballs.  The millimeter wave machines, however, look like they are here to stay. A programming note:  For those who hang on my every word (both of you!) I'll be off on vacation beginning tomorrow.  My blogging resumes in February.

Paul Rosenzweig is the founder of Red Branch Consulting PLLC, a homeland security consulting company and a Senior Advisor to The Chertoff Group. Mr. Rosenzweig formerly served as Deputy Assistant Secretary for Policy in the Department of Homeland Security. He is a Professorial Lecturer in Law at George Washington University, a Senior Fellow in the Tech, Law & Security program at American University, and a Board Member of the Journal of National Security Law and Policy.

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