TSA Scanner Debate Shows Americans Are Selective About Privacy

November 23, 2010 RSS Feed Print
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If necessity is the mother of invention, then personal violation is surely the father of principle.

How else to describe the new outrage over the Transportation Security Administration’s enhanced pat-downs of airline passengers? Travelers are understandably annoyed that the TSA is getting more aggressive in its examination of fliers, examinations that include intimate physical contact many of us would not consider until the third date. This, of course, comes after (or instead of) a full-body scan that allows complete strangers to assess how we all look naked. Shopping for bathing suits after a weekend of holiday feasting would be less humiliating.

[Check out a roundup of political cartoons on air security.]

But the outrage wasn’t as evident when Washington, in post-9/11 hysteria, decided it was OK for law enforcement to enter people’s homes, rifle through their underwear drawers, look through their things, and then leave without even informing the inhabitants that their property had been searched. Or when it was determined that the government could send someone a national security letter demanding the disclosure of certain documents or information—without probable cause, without judicial oversight, and with a gag order that prohibits the recipient of such a letter from discussing it, let alone challenging it in court. Or when the Bush administration decided waterboarding was a legitimate interrogation enhancer.

But many Americans likely presumed none of this would ever apply to them. They’re not terrorists, they surmised. So why would anyone need to search their homes or violate their privacy?

But all are equal in the airport screening area, passengers are grudgingly finding. And Americans are getting very irritated at being the target of security searches when they know themselves they do not present a threat. Polls show that Americans indeed support the use of the full-body scanners, but that support also appears to be slipping of late; a new ABC poll shows that 74 percent endorse the use of the machines, down from the 81 percent who supported the scans in a CBS poll released last week.

[Read the U.S. News debate: Should the TSA rely on full-body scanners?]

No one could argue that the TSA doesn’t need to conduct adequate screening of passengers; the foiled effort last Christmas by a man who hid explosives in his underwear underscores that unfortunate reality. But many Americans are a bit late, and a bit selective, in their reaction to privacy violations. If a conservative is a liberal who’s been mugged (or taxed, for that matter), then the new civil libertarians may be passengers who dared to fly during the holiday season.

 

Tags:
TSA,
9/11,
airlines,
national security terrorism and the military,
privacy

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People are different, clearly. But my take on it is -- in our free society, there are only two times in a person's life when their right to control their own body might be taken away. First if they are arrested or convicted of a crime. They lose the right of free movement, as well as the experience of interpersonal human touch as a regenerative action, i.e. there are no more hugs, kisses, sex, pats on the back, shoulders to cry on, etc. The second time a person can lose control over their body is in a medical emergency or during an operation.

In both the law-enforcement model and the medical model, there are clear ethics and rights. In law-enforcement, a suspect must be read their Miranda rights, and if they aren't a case can be made that their arrest was a violation of their civil rights. In the medical model, on the other hand, there are clear ethics, releases and forms are all discussed and signed, and the law protects people who are incapacitated or not able to function on their own.

But what is our situation with the TSA? We are not criminals, and they seem to treat us like suspects, but they also don't read us our Miranda rights.... So what rights do we really have? No one can explain. And while they claim to have "professional training", it appears none of that training relates to physically touching the bodies of humans. We only have to see their awkwardness with prosthetics, or their inability to avoid breaking urostomy bags to see it. Their "professional training" obviously does not include basic anatomy or physiology, or medical ethics. And then again -- what are our rights exactly when dealing with the TSA?

Personally, since we are not criminals, I would favor following the medical model. I would consent to be physically searched as long as I knew that the personnel had medical, anatomical, and physiological awareness, and had studied medical ethics. I also think medical personnel, for example an RN, should be available at all times to either witness a search or perform it.

In the end however, it boils down to confusion and upset due to poor communication. And by communication I mean TWO-WAY. That the TSA simply instituted practices, without soliciting input, ideas, or reactions is outrageous. We are not cattle that they "own". And bottom line -- what *are* our rights during screening?? Nobody can say still!!! I find that insane. They can read the Miranda rights to criminals and suspects, but they can't ARTICULATE the rights that non-criminal passengers have. Their bungling and hostility seems to imply that we have none!!!

The Declaration of Independence, which began this whole American experiment, says that the only purpose of government is to PROTECT our inalienable, God-given rights. The Constitution follows up and outlines HOW the government will operate in order to protect those rights.

By these measures, the TSA is a complete failure because our rights aren't even on their radar.

Maya Libretti of CA 9:38PM December 02, 2010

I can’t recall any American trying to take down an airplane over the last hundred years. A hundred years! Can anyone recall an American trying to take down a plane over the last 100 years? Bueller? Anyone? and patting down little kids and old women is truly a national embarrassment if not a right out obscenity… I’m truly embarrassed for the TSA management. Shame on you! Quite frankly fellas, Americans are very proud that the airplane was invented by an American in the good ole USA, if the TSA management didn’t get their head wrap up so tight over worrying they’d see the obvious embarrassment and mockery that the system has become. I don’t blame the TSA at all, I blame the management. Score one for Bin Laden.

Stephen Real of CA 10:57AM November 25, 2010

The T.S.A. is all hands on,

Feeling up passengers for stuff

That could cause boom phenomenon.

Passengers gripe enough's enough!

But while we are more paranoid,

What about not cool T.S.A.?

Whose to know that it can avoid

Hiring a terrorist to prey

Upon the passengers that go

Through his or her station to check,

Inserting go boom - whose to know?

Something to ponder - what the heck!

The agent wasn't frisking Mom,

But was in her planting a bomb.

Ima Ryma of IL 4:45AM November 24, 2010

Susan Milligan

Susan Milligan

Susan Milligan is a political and foreign affairs writer and contributed to a biography of the late Sen. Edward M. Kennedy, "Last Lion: The Fall and Rise of Ted Kennedy." Follow her on Twitter @MilliganSusan.

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