TSA: Modern gestapo creates damned if you do fly and damned if you don't policy

NPR reported this morning that 80% of Americans are "fine" with the Transportation and Safety Administration (TSA) whole body image scanning, or "pat down" procedures. I, for one, would like to examine those numbers and the credibility of such a poll. But regardless of the numbers approving or somewhat approving the measures, the 20% who oppose it are the people the founders were concerned over and the reason we don't have a democracy but a republic.

TSA has, by the Administration's directing, effectively taken away all rights upon purchase of an airline ticket. And they said that much. On the video accompanying this article, aired on CNN, one can hear the TSA manager say to the protesting passenger-wannabe that when he bought his ticket he forfeited his rights. Forfeiting of rights? Where exactly is that on the ticket? Or even in terms of purchase prior to paying for the ticket? Where is that in the Constitution?Unlawful search and seizure of a suspected criminal is, not just a faux pas, but against the law. Where is it exactly that the Federal government via TSA or any other bureaucracy has a right to supersede and override laws of search so to reduce the rights of common, ordinary citizens and visitors to this country far below that of suspected criminals?

This unsuspecting passenger was detained after refusing the pat down, the whole Body Imaging (WBI) scan and his flight. The TSA official wanted the person's contact information, specifically his full name, his address and phone number--for his own best interest in order to move on, the official assured. The man, wanting to leave and get on with his life, questioned how it was in his best interest, as the TSA officer suggested, since as far as he was concerned the incident was over and he was trying to "move on". The response of the officer is telling.

Now nothing more than a victim, the former passenger is told that they need his information so TSA can contact him for the case they will be filing against him. Then the officer agrees that the man cooperated with them.

What the TSA official is not explaining to this now former airline passenger is that their rules claim a ticketed customer has the right to refuse the invasive pat down or the whole body x-ray scan only by refusing to take the flight. If the would-be passenger refuses either scrutiny, he/she can be fined $11,000. The caveat to refusing the flight is that he or she must refuse before being selected for the inspection regardless of whether they decline to fly or they suffer the $11,000 penalty. One spokesperson for TSA explained that once the process begins, there is no backing out, even if TSA itself tells the objector to leave the airport. Most of those selected for further examination are selected at the time of ticket purchase. Tickets are coded randomly (or not so?) to choose passengers for hightened searches. (I know, as I have been one of those in the past. I was fortunate. It was before WBI and pat downs of the sort TSA has now implemented. My ticket, I learned, had a special bar code that was a signal to the inspector to pull me out of line for additional screening.) According to TSA's statement, in theory, once one realizes they will be subject WBI or pat down they are subject to the fine if they evade search by cancelling their flight. In the case of the man in the video, since he went through the line and declined the extra searches after being selected, and also he was asked to leave the airport by TSA, he is still subject to the $11,000 fine!

TSA's reasoning on this is that if they let the person go, they are potentially allowing a terrorist to escape.

To say that the public needs to be actively involved in the legislative process to restrict the Federal government from violating Constitutional rights and paradigms, such as: right to warrant for search and seizure, innocent until proven guilty, due process, etc., would be so obvious as to not need saying. The American public must call the shots. It is the American way. Unless we want to see gestapo style living conditions and loose all our rights, it is an imperative.

For the first time, I am actually aligning my views with the ACLU, who is vehemently arguing the validity of such searches and the damned-if-you-do-and-damned-if-you-don't approach to travel by the TSA.

Studies show that the kind of searches the TSA is conducting are ineffective in deterring terrorism. What has been found effective are surveillance and monitoring of patterns of movement and behaviors of both groups and individuals. In addition, the very method denounced as unfair, here, has proven most effective: "racial" profiling. The deliberate strip search of a child as seen on video (YouTube.com) is absurd. This kind of abuse of Americans is traumatising enough for adults, but horrifying to children. It begs the question: Who is the terrorist?

Here is a link to a list of the airports with WBI equipment in operation. Another site has a list of airports currently using the equipment as well as the kind and when, and where those airports use them. This site also includes a list of airports not currently using WBI equipment.