Thursday, January 14, 2010

Chaffetz This

It's been a day or two since I have taken the time to rant about one of Utah's fine politicians. Normally I save this ranting time for the likes of Chris Butters. Instead I will turn my attention to a junior Congressman from my fine state, Jason Chaffetz. Until recently this douchebag, I mean Congressman, was really only known for sleeping on a cot and leg-wrestling with a certain talk show host.

He has decided to make news in another way. He has sponsored H.R.2027 to establish limitations on the use of whole-body imaging technology for aircraft passenger screening, and for other purposes. This has become his pet project. Why? Well to protect our personal freedoms of course.

I find this bill ironic in a number of ways but before I really touch on the irony of this lets talk about my issues with this bill.

Here is the summary of the bill:

1 Aircraft Passenger Whole-Body Imaging Limitations Act of 2009 - Directs the Assistant Secretary of Homeland Security (Transportation Security Administration) (TSA) to ensure that whole-body imaging technology is used for the screening of passengers only in accordance with this Act.

2 Prohibits the use of whole-body imaging technology as the sole or primary method of screening aircraft passengers. Allows its use only if another method of screening, such as metal detection, demonstrates cause for preventing a passenger from boarding an aircraft.

3 Requires that passengers: (1) be provided information on the operation of such technology and specified related matters, including privacy policies and the right to request a pat-down search; and (2) be offered such a pat-down search in lieu of such screening.

4 Prohibits the storage, transfer, sharing, or copying in any form of an image of a passenger generated by whole-body imaging technology after a boarding determination is made.

5 Imposes criminal penalties upon any U.S. officer or employee who knowingly stores, transfers, shares, or copies whole-body screening images.

Chaffetz basic argument is that the use of full-body scanners is an invasion of personal privacy as we are guaranteed by the Constitution. You will receive no argument from me on part of this. While the Constitution does not specifically or expressly grant citizens a blanket right to privacy, the Bill of Rights makes certain protections. In this case Chaffetz is likely referring to the 4th Amendment, which protects the privacy of a person from unreasonable searches.


Unreasonable searches. What is unreasonable? Is it unreasonable for the TSA to require people to walk through a scanner that detects whether someone is concealing a weapon or something that could be used as a weapon? If your answer is yes then please explain to me how it is unreasonable. The 4th Amendment is not a blanket protection from any search of person. It states, very explicitly, from unreasonable searches. There are those that will say well I am a law abiding citizen so it is unreasonable to assume that I would conceal a weapon. Okay, so how is the TSA to know this? Would you rather that they start profiling? How do you suggest that the TSA determines who is a threat? How do you suggest that security screening is done in a way that is reasonable to your assumed personal privacy?

My second point on this discussion is in regards to choices. We all make choices in life. I don't care for the restrictions the LDS church has placed on the Main Street Plaza so I choose not to use it. Walking through this Plaza, which it private land, is not my right. It is owned by the church and thus they are able to institute whatever rules they see fit. As I don't agree with these rules, I don't walk there.

Flying is not a right. It is a privilege. You make the choice to fly understanding that there are certain rules that have to be followed. You have to present your ID to prove you are the person on the ticket. Is that an invasion of privacy? To demand to see your government issued ID? You can not take check certain items, is that an invasion on your right to privacy to allow your bags to be screened?

The point is, we all know that there are certain security measures that are in place in airports and if you choose to fly you have to abide by those, whether they are TSA (government) or Airline (private) rules. If you don't like it there are multiple options for you. You make the choice to fly it is not forced upon you.

I am not one who easily gives up what I feel are my rights. I firmly believe in the preservation of our individual rights granted by the constitution. I have stated in a number of discussions with my sister (who works in law enforcement) that if you give an inch don't be surprised when they take a mile. Unfortunately, this doesn't fit that scenario. When personal choice becomes involved the line between rights and privileges is less blurry.

I've had this conversation with a few friend who disagree with me. They are adament that it is an invasion of privacy yet when I ask them who it is an unreasonable search they don't seem to have an answer that merits continuation of the debate. I am wondering if someone could present this to me. I am often found of debate. :)

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