Many of the images we gawked at were of overweight people, their every fold and dimple on full awful display. Piercings of every kind were visible. Women who’d had mastectomies were easy to discern—their chests showed up on our screens as dull, pixelated regions. Hernias appeared as bulging, blistery growths in the crotch area. Passengers were often caught off-guard by the X-Ray scan and so materialized on-screen in ridiculous, blurred poses—mouths agape, à la Edvard Munch. One of us in the I.O. room would occasionally identify a passenger as female, only to have the officers out on the checkpoint floor radio back that it was actually a man. All the old, crass stereotypes about race and genitalia size thrived on our secure government radio channels.
In July 2011, the D.C. Circuit Court of Appeals ordered the TSA to conduct a formal rulemaking and take comments from the public on the use of strip-search machines at airports. TSA took 20 months to propose a two-sentence regulation, which, as we pointed out to the agency, is totally defective.
The comment period closed in June last year and we have waited another seven months, at this point, for a final rule. When it comes out, it can be challenged in court under the “arbitrary and capricious” standard of the Administrative Procedure Act.
The evidence in the rulemaking docket shows that strip-search machines cost more in dollars, privacy, and dignity than they provide in security, which, as Harrington’s article again shows, is not very much: “We knew the full-body scanners didn’t work before they were even installed.”