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August 30, 2011 08:05 pm

EPIC Files For Rehearing In Body Scanner Case

OverTheGeicoE writes "The Electronic Privacy Information Center has filed for a rehearing in their case against DHS regarding airport body scanners. In their latest court filing (PDF), EPIC argues that last month's ruling requiring a public comment period but no other changes was based on incorrect information. From TFA: '"The court overstated the effectiveness of the body scanner devices and understated the degree of the privacy intrusion to the travelling public," stated EPIC President Marc Rotenberg. EPIC's petition challenged the Court's finding that the devices detect "liquid and powders," which was never established and was not claimed by the government. EPIC also argued that the court wrongly concluded that the TSA is not subject to a federal privacy law that prohibits video voyeurism. The panel found that TSA body scanner employees are "engaged in law enforcement activity," contrary to the TSA's own regulations.'Note that this is a request for a rehearing with the same court that rejected their request to stop TSA's use of body scanners. It is not an appeal to a higher court. Is EPIC likely to obtain a more favorable ruling from the same court?"

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