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Know Your Passenger Rights Flier


The idea of an Opt-Out day has been picking up steam, and many airline passengers will be refusing to submit to the TSA’s whole body imaging scanners on Wednesday, November 24. But in the wake of conflicting messages coming out of the TSA, travelers are going to be confused about what to expect at TSA security checkpoints. So FDL has put together a handy flier about the scanners and the “enhanced” patdown procedures, which explains your risks and rights in the airport:
Download: Know Your Passenger Rights (PDF)
The list of those who are potentially at risk is taken from a letter written by four UCSF scientists to Dr. John P. Holdren, Assistant to the President for Science and Technology. The full version of the letter can be found here.
The handout also echos concerns raised by the US Airline Pilots Association, who advise their members not to submit to these screenings. The recommendations included on our sheet are those made by the USAPA to their pilots. The letter from USAPA President Mike Clearly detailing these concerns and recommendations can be found here.
If you have problems at the airport, let us know about it. We have a form that also allows you to send us any photographs or video you might have of the incident:
Form: Share Your TSA Encounter
Know Your Passenger Rights
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| Serious questions have been raised about the safety of new whole body imaging machines used at airports. Airline passengers who refuse to use them are being subjected to new “enhanced patdowns” by TSA security, which many find invasive and distressful. |
| Risks
According to scientists, the safety of these devices has not been demonstrated and certain people could be at risk from exposure:
- Travelers over 65
- Women with high risk of breast cancer
- HIV and cancer patients with weak immune systems
- Adolescents and children
- Pregnant women
- Men (due to possible sperm mutagenesis)
The US Airline Pilots Association has told their pilots not to submit to these screenings, as frequent exposure may subject them to significant health risks. |
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| Privacy
Whole body scanners penetrate clothing with X-rays to provide images of passengers’ bodies. Although these machines have the ability to record, store and transmit images, the TSA claims that these functions are currently disabled. |
| Rights
You DO have the right to refuse a full body screening. However, you may be asked to submit to an “enhanced patdown.” During the patdown, TSA screeners may now:
- Use a palms-forward search procedure that replaces the old “back of the hand” search.
- Use their palms and fingers to probe under a passengers clothing.
- Insert their hands between underwear and skin.
- Slide hands along passengers’ thighs and around the breast.
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Recommendations
The Airline Pilots Association makes the following recommendations to their members:
- Make every effort to secure access lines that utilize standard magnetometer devices.
- If lines with magnetometer devices are not available, elect to submit to a private TSA-agent patdown.
- If there is a change in device being used once you are in line, elect to submit to a private TSA-agent patdown.
- When submitting to a private, enhanced patdown procedure, make sure that a witness is present.
- Remain professional and courteous in all situations.
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- Children under 12 are NOT exempt from patdowns, but will receive “modified” patdowns instead.
- Parents DO have the right to be present when their children are being examined.
- You DO have the right to request a private screening, in which a witness may be present.
- TSA will NOT allow exemptions based on religious beliefs.
- Inform TSA about disabilities, sensitive areas, medical devices, or other conditions prior to a patdown.
- Refusal to submit to these security procedures may result in denied access to your flight and fines of up to $11,000.
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Jane, who would have ever thought that the founders need to explicitly put in the constitution “The right not to be molested by the government” Hopefully becasue of this we will never have to hear the phrase “they hate us for our freedoms” again. I have a spare bedroom in my house, does the army need some housing? The gigantic loss of freedom in the last few years has just blown me away. I never thought it could happen that fast.
Can you imagine how long securtiy screening will take if people request this? “You DO have the right to request a private screening, in which a witness may be present.”
Well that risk list pretty much covers everybody. ;-)
Maybe we should boycott the airlines and demand to know how much the grope and radiation costs taxpayers per person.
Oh yeah, they should have to do like small med offices do and post when the x-ray machine was last calibrated, by whom, etc. That is the only way you can hold someone accountable for frying your organs.
These fascist bastards can go to hell.
That spare bedroom?
The government knows what’s in it.
Vans with backscatter X-ray scanners, capable of seeing through walls and clothes, have been rolling out on U.S. streets.
http://www.forbes.com/forbes/2010/0927/technology-x-rays-homeland-security-aclu-drive-by-snooping.html
For all these years we have taught our children to tell us of unwanted touching by strangers. WTF do we tell them now?
•Refusal to submit to these security procedures may result in denied access to your flight and fines of up to $11,000.
To whom should that fine be paid? The airline or the TSA?
TSA honcho Pistole and DHS Jefe Janet seem determined to head off opt-out day on Wednesday. I wonder what preparations they are making for it, besides discouraging it.
I shall be at home prepping yams and stuffing to carry to a big Marquam Hill celebration with bears, some cubs and otters.
What ever happened to “probable cause”? How about doing a better job with luggage, freight, container ships, etc.? Not only a violation of constitutional rights, but a waste of money.
Clearly, this is why the Money Boys didn’t want TSA unionized; can you imagine a union workforce tolerating this x-ray exposure without lead aprons and regular equipment calibration?
No one can SEE cargo being screened, or much luggage screening either, so it doesn’t count as a Security Theater™ production. Or enable wealthy corporations to donate money freely for their machines to be chosen, and prominently displayed for all of us to marvel at as they Keep Us Safe™.
This is some very sick, very twisted shit. What kind of people are these? Basically, we’re talking about physical assaults here.
Am I wrong about the Ben Gurion model? They are reputed to have very tight security, and I’m pretty sure they don’t do any of this shit. Am I wrong about this?
The dude was tap-dancing his way around some of the morning “news” shows today. Major-league tool.
Cargo coming to the US is not screened on cargo planes (TSA says it is too expensive)…which can still be flown into populated targets..how stupid.
(slaps forehead) Of course!
Orwellian tactic…http://en.wikipedia.org/wiki/Nineteen_Eighty-Four
Implementing 1984 takes time and to reverse the Survelliance, Perpetual War, Mind Control may be less likely as we see more and more challenges to freedom like the removal of Habeas Corpus, illegal search and seizure, rendition for torture…get in line and shut up!
Nope, it is not. Got a family member in air-imports and it is no secret. Most ocean cargo is not either. That tells you this airport screening stuff is a cash cow for some particularly purverted people.
I’m used to being pulled out line because of the metal in my knee replacement. The first time I encountered a machine that I suspected might involve radiation, I asked the TSA agent if it was a backscatter machine. He looked confused, then consulted a co-worker, then said to me, “I think it uses sound waves”. WRONG! “Millimeter Wave Machines” use radio-frequency (like a cellphone), and “Backscatter Machines” use X-rays. If you value your health, submit to the pat-down. Yes, it holds up the line, but that’s their problem.
Ding.
I blame the priests… they “normalized” this kind of requirement.
But, but…now they can wear condoms according to the Pope…so it’s okay.
I want to know if I can force the grope to be in public. I want to take as little time as possible and just get it over with.
The risk listing above covers everyone, young, old, middle aged, female and male. Might as well walk in the airport nekkid! Raise your arms and a leg when you walk thru the gate. Oh yeah, raise a middle finger too.
Even if those rapescan machines were safe and effective, I wouldn’t go through one. I don’t have holiday flying plans but if I did, I would have already canceled them.
Skeletor comes to mind….
The pat down sounds a little like dating rules from junior high school.
Of course, none of this has anything to do with safety. This is behavioral conditioning whereby the general population is taught to submit to governmental intrusion. It is also used to maintain fear levels to coerce and manipulate a civilian population. All your big name tyrannies use these tools. You know the list: torture, illegal detention, unreasonable searches, restriction of travel, … When you think about just run of the mill authoritarian regime kind of stuff–nothing to be alarmed about.
Me either! I’m telling ya, you have no idea if your liver and bladder are getting fried.
Very True. I call it GOPterra.
And with my cystitis, I sure as hell don’t need that. But I wouldn’t comply even if I was in my twenties. It’s just plain wrong and wrong headed.
My rights are spelled out for me in the Constitution of the United States of America. My rights include freedom from these intrusive, warrantless searches.
My rights ARE NOT spelled out in a PDF from NAZIs.
Will they change gloves between each genital exam or are they only wearing those to protect the screeners from transmitting diseases to themselves.
I’m imagining they will start spreading body lice, chiggers and all kinds of venereal and skin diseases. Who will be checking on that and what happens when they run out of gloves? Genital herpes?
No thank you! I’m staying home.
HELL NO, WE WON’T GO!
This will cause a boycott of flying. Hey, maybe that’s what they want. Limited air transportation. Sheesh, you can’t tell what those Marxist Elitus Maximus Cerebral Insufficants will do next.
That demonstrates the risk is actually nil. If the ‘terrorists’ actually did want to blow up our planes they would have been doing it that way. Duh. The whole thing is a big act.
LOL
Yo-Ho! Agreed. Pass the rum before yon Pirates take it all.
I wonder how the airlines are dealing with cancelations. Are people getting their money back? Are there very many?
HAR!
Wrist, meet slap. My gosh, how abominable.
I’m almost always wrong in my assessments of the public mood but I can’t imagine that cancellations over this policy are insignificant.
I’ll fire one up for you.
Please inform me of the difference between the British vs. the colonies and Washington vs. the people.
They are forging our chains and all people want to do is grumble and gripe.
There are damn few Americans.
just saw on the twitter
first string dumbass mayor of Los Angeles boasting they are to install more this week – they already have 4 in use, makes me wonder if there’s some kind of ‘incentive’ from the gubmint to proceed
Those guidelines seem to allow very invasive inspections. The stories of those who underwent them seem to have no cause to object, unfortunately.
Ask him
No search without a warrant.
I just figured since we lost our 4th Amendment rights, I don’t think it is that big of a stretch to think we might loose our 3rd Amendment rights.
When Germany became NAZI, it took fear to condition the public to accept the intrusions of the SS and Gestapo into their lives.
“Papers, please. Do you know any Jews? Are you hiding Jews? We must search. You have nothing to fear if you are not hiding Jews.”
“Papers, please. Do you know any illegal immigrants? Are you hiding illegal immigrants? We must search. You have nothing to fear if you are not hiding illegal immigrants,”
“Papers, please. Do you know any terrorists? Are you aiding and abetting terrorists? We must search. You have nothing to fear if you are not aiding and abetting terrorists.”
The NAZI clones in our government want nothing less than the Fourth Reich, and they now believe they’ve got it, because they’ve got you. These machines and the public molestations are part of the process.
Who is a terrorist? Whomever the government declares is a terrorist. In the eyes of the TSA, you are a terrorist if you want to board a plane. NOT GOVERNMENT OFFICIALS. YOU.
I urge every member of the flying public to make a scene in the airport, refuse the screening, cry rape during the ensuing molestation and file charges against your molestors – the TSA and the agent who molested you. Demand your rights as an American citizen.
Senators walk unmolested past the screenings. They are part of “We the people,” yet they make themselves exempt from the laws they pass. They are terrorists in suits who smile as they walk past the screenings.
IF THEY HAVE THE RIGHT TO BYPASS SCREENINGS, WHO GAVE THEM THAT RIGHT? THEY DID. THEY GAVE IT TO THEMSELVES. It’s all part of the conditioning process. They are, you see, better citizens than you are. They are more trustworthy than you. They do not consider “We the people” the same as themselves, whom they elevate above the rest of us.
Just as the British did to their CITIZENS, the colonists.
Just as the NAZIs did to their CITIZENS, the Jews and other minorities the NAZIs claimed the public needed ENHANCED SECURITY to be PROTECTED FROM.
Just as the Soviets did to their CITIZENS with their gulags.
Apparently WWII never ended. We just played musical chairs with nations. Guess who got the American chair? Huddled masses yearning to breathe free?
Great Post!!!
the CEO of the Body scanner company travel with Obama to India.
No warrant, no search.
Turn the outrage into action. Don’t let the TSA get away with this. We cannot allow ourselves to live in fear. We cannot allow our hybrid corporate government put chains on us.
DON’T GROPE ON ME!!!!!!!!!!!!!!
Yep. Just as Bush led the CEOs of the Wall Street disaster to China.
Both parties are complicit in this. The nation was essentially overthrown from within.
This is fascism. The people who brought us fascism brought it to us in opposition to the tenets of our constitution, wear expensive suits and sit on corporate boards, just as they did in the 30′s.
Fascism is all about making as much money for the wealthy few through unfettered corporate profiteering with no regard to the consequences for the people, the nation, or the environment. The largest corporations in Germany assisted the NAZIs. Bayer comes to mind immediately. So does Union Bank.
We all need to realize what is actually happening is much worse than being arrested for resisting state enforced molestation or cancer-causing radiation. We’ve been overthrown from within. How should we respond?
By having our sexual organs groped by a stranger in a uniform, in exchange for a ride?
I am not a prostitute.
I do not believe there is any question that people have a Fourth Amendment right to refuse to submit to the sexual-assault grope, but that will mean that they will not be permitted to board the flight.
The question is what will TSA do to a person who refuses both the porno scan and sexual assault grope? A regional TSA spokesperson in Florida, Sari Koshetz, announced Friday that they would not permit the person to just leave the airport without investigating the person’s refusal to consent to the search. She said, such passengers would be questioned “until it is determined that they don’t pose a threat” to the public.” She also raised the possibility that a person might be fined up to $11,000 if they refuse consent and turned over to the police.
However,
The key legal question is whether a person’s refusal to consent to sexual assault grope creates a “reasonable suspicion” that the person has committed, is committing, or is about to commit a crime. This legal rule dates back to Terry v. Ohio, and it allows a police officer to temporarily detain a person whom the officer reasonably suspects has committed, is committing, or is about to commit a crime.
A person who refuses to consent to a sexual assault grope by a TSA official is exercising their Fourth Amendment right not to be subjected to an unreasonable search. Asserting one’s constitutional right cannot ever be the basis for a reasonable suspicion that the person asserting the right is committing a crime. Notice that the spokesperson for the Palm Beach County Sheriff’s Department said, “That may rise to the level of suspicious behavior for the TSA, but it wouldn’t rise to the level of suspicious behavior for a deputy.” She’s right.
If TSA prevents a person from attempting to leave the airport after the person has been told that they cannot board their flight based on their refusal to consent to the sexual assault grope, TSA will have committed two torts: false arrest and unlawful imprisonment. If TSA then forcibly subjects the person to a sexual assault grope, TSA will then have committed two additional torts: sexual battery and intentional infliction of emotional distress, or outrage as it’s called in many jurisdictions.
In jurisdictions that permit people to sue defendants for punitive damages, people victimized by TSA’s intentional misconduct can recover punitive damages up to a limit of nine times the amount of their compensatory damages, which are their out-of-pocket losses (special damages) plus compensation for pain and suffering (general damages).
For their own safety and to maximize their damages, people need to be firm, persistent, and polite by saying the following:
“I respectfully refuse to consent to your enhanced physical search because it violates my right to privacy under the Fourth Amendment.”
“Are you going to permit me to board my flight?”
If the answer is “No.”
“If you aren’t going to permit me to board my flight, then I intend to leave the airport. Am I free to leave?”
Keep asking, “Am I free to leave?”
Do not respond to anything TSA officials say about their interpretation of what you are obligated to do and the consequences you will suffer if you do not submit to their authority. Keep repeating, “I respectfully refuse to consent to your enhanced physical search because it violates my right to privacy under the Fourth Amendment.”
Avoid any arguments and do not let them intimidate you.
Keep your cell phone on during the entire encounter. Record and videotape everything. Make sure you tell them that you’re doing that to give it to your lawyer.
By the way, the $11,000 fine is a maximum civil penalty that TSA is authorized to impose against a passenger who interferes with a TSA screener in the performance of their duties. TSA Guidelines recommend a penalty of $500 to $1,500 for a first offender interference. However, just saying “No” is not interference when you have a constitutional right to say “No,” and the TSA officials are the ones who are delaying your departure from the airport.
Clearly the enhanced pat-downs (molestations) are punishment for refusing to pass through the Magic Nekkid X-Ray. Otherwise, everybody at every airport that is not yet using the scanners would routinely be subjected to molestation as well, and that is not the case (as far as I know).
As for refusing to let a citizen leave the airport after said citizen has declined both the Magic Nekkid X-Ray and the molestation, in this case the insisence on molestation is further punishment. If TSA (Total Sexual Assault) were serious about the claim that said citizen could pose a terrorist threat, then TSA would assume that s/he could already have been standing in line with explosives srapped on, long before passing anywhere near the Magic Nekkid X-Ray or the TSA molesters.
If the government(DHS/TSA) told their screeners to kill anyone they were suspicious of that would clearly not be a defense to murder in court (as I write that, I’m wondering if that makes sense anymore in Facsist Amerika today?) But anyway, pursuing the analogy: the government cannot legitimize sexual molestation by fiat either. So if you get the invasive body scan, get the person’s name and ID # with the intent to file criminal charges. Oh but do be “very professional” about the way you do that, haha! Wouldn’t want to make the No-Fly list!
PS Will someone ask Pistole to take the pledge not to accept employment at Rapiscan when he gets the inevitable “you’re doing a great job Brownie send-off?”
so lemme get this straight. If one decides to forgo his/her flight rather than to submit to being groped by a stranger, there could be an $11,000 fine?
Short Answer: No.
The civil penalty can be imposed, according to the regulation, if a person interferes with a TSA screener performing his or her duties.
I don’t believe politely refusing to consent to a sexual assault grope, which a person has a right to do under the Fourth Amendment, constitutes interfering with a TSA screener performing his or her duties. I also don’t believe that such a refusal creates a reasonable suspicion that the person refusing consent has committed, is committing, or is about to commit a crime.
For more information, please read my comment @ 49.
1000 thanks to you, Mason. I have been contemplating what I would do if I find myself in the situation of having to refuse a strip search (without probable cause) and a sexual assault. Americans fought and died in order to hand me the 4th Amendment on a silver platter the day I was born. I have never had to pick up a gun in wartime to defend it, thank goodness. I guess it is now our time to make sure, by using civil disobedience, that future generations will have a 4th amendment that actually means something.
Just so everyone is clear. I am a retired law professor and former felony criminal defense attorney for 30 years practicing in federal and state courts. I am not practicing law or offering legal advice here. I am expressing my opinion on the state of the law.
Apparently, Pistole and the TSA disagree, but I’m saying they are wrong and that, by stubbornly persisting in their claim that they can detain passengers who refuse to consent to the sexual assault grope until they are satisfied that the passenger isn’t committing a crime, they are opening themselves up to being sued for false arrest, unlawful imprisonment, sexual battery, and intentional emotional distress or outrage. In jurisdictions that permit punitive damages, there is a possibility of obtaining six figure judgments against TSA, depending on the egregiousness of the TSA official’s actions.
If Pistole had a functioning brain cell and competent legal advice, he would not go down this road.
Yes, now it’s our turn to defend our long and storied traditions against misinformed, misguided, and muddled thinkers who would sacrifice our precious constitutional rights in the name of greed and keeping us safe.
The problem is that their idea of keeping us safe is to enslave us and I have had enough of their bullshit. I want it to stop. All of it, including the wars. Right now.
I’m sick of it.
I’ll drink to that (coffee). And they can keep their dirty porn scans and hands off our children too.
Thank you.
I just read an article on El Al and harassment of transgender passengers:http://gayrights.change.org/blog/view/transgender_airline_passengers_prepare_to_be_strip_searched_twice
I keep thinking this scenario could play out easily here in the U.S. with either AIT scans or aggressive groping. Given our record in the “War on Terror” with “enhancements” of any kind, I doubt there will only be a “few bad apples,” as the Bush adminstration called it, re: Abu Ghraib.
& I can see this scenario playing out not only with Transgender, but women and anyone at risk for harassment.
The category labeled anyone at risk for harassment also includes everyone who does not meekly submit to their authority.
Why?
Because it’s about power, control, and greed with a sexual twist.
There’s more than enough circumstantial evidence to prove beyond a reasonable doubt that it’s not about keeping us safe. These porno scan machines would not have detected the underwear bomber’s potentially explosive device. I say potentially because iirc, he didn’t even have a blasting cap to set it off. No other country is doing this sick and twisted shit to its people and TSA isn’t paying much attention to baggage and packages shipped on planes, so WTF?
To paraphrase Yogi Berra: “It’s Abu Ghraib all over again!”
OT– Mason, did you see this.
Yes, I realize that everyone is at risk. This level of intrusiveness really puts everyone at the mercy of whoever is doing the groping. But I think many people feel justified in especially harassing transgenders as in the El Al episode. That’s what I guess I meant by at risk. I mean this whole thing brings up gender issues and how women get more harassment than men. As gays and transgender also get lots of harassment as do persons with disabilities. If they hire gropers with an Abu Ghraib mentality than the potential for harassment, assault is greater, because they are crossing lines that exist in our society for the sake of protecting women, children, gays, etc.. And since they use the word “enhanced” patdowns, I don’t have a lot of faith here. It sounds too much like other “enhancements.” There will be power plays, because as you say this whole thing sounds like a corrupt power play and there will be more than a “few bad apples.” And it really messes with ideas of personal space and self-respect.
And does anyoone know if these machines have been used for an extended period of time at other airports? I know there are reported health risks. And if these exact AIT machines have not been used before &/or proven effective, than why on earth is the public being used as Chertoff’s guinea pigs. With what right do they make us guinea pigs?
They’re not paying attention to cargo, only to people?
Do you have a link? I think what you just said is important.
Remember that the reason for the invasive pat down is to humiliate you into allowing the nudiscan. When torture is really too much, just humiliate.
I don’t have a link, but I’ve read it here at the lake, several times since Friday. I think Pistole admitted that their screening for luggage and packages consisted of occasional spot checks, or it may have been the El Al representative in one of his statements criticizing TSA’s methods.
Last Chirstmas one Parent in Africa concerned for his childs future told US to keep an eye on him if he boards a flight. He was allowed to board flight without a more than usual basic check and as a result tons of Private Parts viewing scanners are bought, applied on Americans by giving them other super option of Private Parts Groping. If this is not a great example of mis-application of solution to a problem I cannot think of anything better.
Every year Americans get to hear a tape from trouble makers with holiday greetings of threats and violence. That is used as pretext to run another assault on our bill of rights. My question is do we have a dearth of top notch spies to catch those couple of trouble makers sending these holiday greetings of threats and violence. I hardly believe that to be the case.
To me it looks like how far Americans can take the assault on their beloved bill of rights in the name of security is being checked. So if we do not complain we will have bigger assaults on our individual liberties in future.
Those who would sacrifice liberty for security deserve neither – Ben Franklin
well we should be creating jobs with stimulus funds, not buying Chertoffs babies, so I think maybe we should have a garage sale, fire pistole and other “decision makers” and hire intelligence with those funds for X-mas.
@68 Thanks Mason. Will look for that.
I’d like to paste that Frankling quote to my status bar.
There is a public health problem with the “pat downs.” Any person with a basic understanding of germ theory will realize that the TSA has set itself up as the vector for illness and disease. Though the TSO wear “rubber” gloves, the gloves are not changed as new passengers are screened. It wasn’t too long ago the big worry was bird flu. And women, in particular, are subject to greater exposure to STDs with the “between the skin and underwear” aspect.
If your 4th Amendment isn’t important to you, then maybe your health is.
Max
P.S. There is no timely alternative to flying if you live in Hawaii.
This fact sheet is a bunch of hooey. Here’s what it should say instead:
How stupid is it that pilots would need to go through any TSA screening? If you are flying the plane, why would you want to blow it up? You could fly it into a building or into the ground.