The Department of Homeland Security acted outside of its regulatory authority and with profound disregard for the statutory and constitutional rights of air travelers when it implemented body scanners without first making a public notice and accepting public comment.
The DHS still has not complied with the orders of the Court of Appeals for the District of Columbia Circuit which ruled that DHS had violated the Administrative Procedures Act by implementing body scanners as a primary screening method without first undertaking public notice and comment rulemaking and ordered the agency to "promptly" undertake the proper rulemaking procedures and allow the public to comment on the body scanner program.
Now we are learning that test results for the Rapiscan naked body scanners may have been falsified.
A company that supplies controversial passenger-screening machines for U.S. airports is under suspicion for possibly manipulating tests on privacy software designed to prevent the machines from producing graphic body images.
The Transportation Security Administration sent a letter Nov. 9 to the parent company of Rapiscan, the maker of backscatter machines, requesting information about the testing of the software to determine if there was malfeasance.