From Pat-Downs to Full Body Scanners: The TSA Firestorm

independenttraveler.com


Editor's Note: Since this story was published, the TSA announced that pilots and flight attendants in uniform will be exempt from going through the new full body scanners at the airport. They will still need to go through a metal detector and present two forms of photo ID. Pilots and flight attendants who are not in uniform or on official business will have to go through the same security procedures as all other travelers. These procedures are described below.

The Transportation Security Administration (TSA) certainly has a firestorm on its hands as the agency continues to roll out its full body scanning machines (which are now labeled with the bureaucratically neutral name Advanced Imaging Technology machines). The use of these scanners has precipitated extremely aggressive pat-downs for those travelers who choose not to go through the machines, whether for health or privacy reasons.

These past couple of weeks, it seems like it is almost every day that a traveler has another bruising encounter with the TSA. On November 6, John Tyner was kicked out of the San Diego airport for refusing both the full body scanner and a pat-down. Tyner's blog post and film of his experience have turned into a media sensation.

It's one thing when uber-privacy advocates, bloggers and even regular (if deservedly) recalcitrant travelers refuse to go through the scanners, filming their experience the whole way -- but it is another thing entirely when a growing number of professional pilots refuse to submit to the scans.

• First, ExpressJet/Continental Express pilot Michael Roberts refused to go through a scanner; he quickly became the poster man for the issue, and garnered considerable support from other pilots.
  
  
• Last week, Continental pilot Ann Poe refused to be subjected to the new pat-downs; Poe has an artificial hip that always trips the metal detectors, so she ould have to undergo a mandatory pat-down for every single flight she flies. With the pat-downs now much more invasive, she refused.
  
  
• In somewhat less dramatic but no less disconcerting fashion, author/pilot Patrick Smith of Salon's Ask the Pilot also refused to enter the scanning machines this month, and wrote about it here, the punch line being that there were no actual body scanning machines at the airport -- the agents seemed just to be practicing on Smith.

As red flags go, the refusal of the very people flying the planes to submit to the new security procedure is a pretty big one. That the TSA has a problem with pilots edges into the absurd -- you have to think that if a person who is driving a plane wants to take it down, he or she is going to figure out a way to do so. And with more than all due respect to the countless very professional TSA and other government security agents doing their jobs well and correctly, nearly every casual traveler has encountered agents who are not so professional in one way or another -- whether in their demeanor, comments, abuse of power or even just wearing a bad mood on their sleeves. So it's not hard to imagine not wanting to subject yourself to the whole thing every day just to be able to go do your job.

On the other hand, the flying public is reasonable in feeling that what is good for the goose is good for the gander: if the current system is good enough for us mere tax-paying citizen travelers, it should be good enough for pilots, and airport workers, and everyone, really. If the system were in fact safe and respectful of folks, the pilots wouldn't have a beef.

For the record, I have no problem with scanning machines (and have gone on record saying as much), as long as they do not pose a health problem -- which is still under debate, as I will show below. On a privacy basis, I really don't care if some security guard sees me quasi-naked; people see each other in various states of disrobe all the time, not only in hospitals and doctors' offices 24 hours a day, but in non-medical situations at the local pool, the gym and public restrooms. Trust me, I am no exhibitionist; I just couldn't really care less if one more person happens to see me sort of in my birthday suit, especially if the person in question is in a separate booth and can't actually associate my face with the body on the screen.

Currently, TSA has 385 imaging technology machines at 68 airports and plans to deploy approximately 500 units this year. TSA plans to purchase and deploy an additional 500 units in 2011. Unless pilot and traveler complaints really gain traction, these machines are not going away, so in hopes of cutting through the media noise and rising anger on the subject, I have tried to address most of the major issues below, with comments and clarifications from Sarah Horowitz of the Transportation Security Administration.

The Machines
The TSA currently uses two different scanning machines; the first uses a millimeter wave technology, which Horowitz of the TSA writes "bounces harmless electromagnetic waves off of the human body to create an image resembling a fuzzy photo negative."

The other uses backscatter X-ray technology: "Backscatter technology projects an ionizing X-ray beam over the body surface to produce an image that resembles a chalk-etching."

Radiation
Irrespective of your position on privacy issues, radiation risks are and should be of serious concern to everyone.

I asked the TSA about the risks, and received the following from Horowitz, which I reproduce here in full:

Imaging technology is safe for passengers, and the technology meets all national safety and health standards. Backscatter technology was evaluated by the Food and Drug Administration's (FDA) Center for Devices and Radiological Health (CDRH), the National Institute for Standards and Technology (NIST), and the Johns Hopkins University Applied Physics Laboratory (APL). All results confirmed that the radiation doses for the individuals being screened, operators, and bystanders were well below the dose limits specified by the American National Standards Institute. Each full body scan with backscatter produces less than 10 microREM of emission, the equivalent to the exposure each person receives in about 2 minutes of airplane flight at altitude. The energy emitted by millimeter wave technology is thousands of times less than what is permitted for a cell phone.

Before TSA purchases technology, the technology is validated by manufacturers to ensure it meets national safety standards. TSA also conducts site acceptance testing of [Advanced Imaging Technology] to ensure individual AIT units meet safety standards. Once installed, TSA ensures the required manufacturer's preventive maintenance is performed by qualified personnel. Certified Health Physicists with the U.S. Army Public Health Command (Provisional) are performing additional radiation safety surveys and area dosimetry studies to ensure continued compliance with radiation safety standards.

Having extensively reviewed both scientific statements and utter rants about this issue, I would say that the jury is still out to some extent. For a look at some of the facts and concerns, which lack of space and my own lack of expertise will not permit me to address at length here, I suggest starting with the Wikipedia articles about the technologies, which will point you to a number of resources (with the standard caveat that Wikipedia is an open source encyclopedia, and is not necessarily vetted by experts).

• http://en.wikipedia.org/wiki/Backscatter_X-ray#Health_effects
  
• http://en.wikipedia.org/wiki/Millimeter_wave_scanner#Possible_health_effects

It does appear that the backscatter machines are more of a cause for concern, at least so far, so if you are really worried, you might ask what kind of machine is in use before you walk through. Note that some travelers have reported that TSA agents on site did not know which kind of machine was in use at their own security stations, so have been unable to answer the question.

Privacy: The Scanners


The privacy issue is proving to be a thicket of problems for the TSA, to the extent that the ACLU is involved. Concerns arise due both to the images displayed by the scanning machines and seen by TSA agents, and to the new aggressive pat-down procedures.

To address the scanned images, as I suggest elsewhere in this report, the scanner images do show travelers in a sort of quasi-naked state. The image at right is an example from one of the backscatter machines.

It is clear that specific body parts can be detected, if in a sort of "line drawing" rendering; the TSA describes these as a "fuzzy photo negative" for the millimeter wave machine, and resembling a "chalk etching" for the backscatter machine. Both types of machines do apply filters to attempt to enhance privacy; the millimeter wave machine blurs facial features, and the backscatter machine has a privacy filter applied to the entire body.

Editor's Note: Since the publication of this article, the TSA has changed the way images are captured so that threats are shown on a generic gray outline of a body. See Are the TSA's New Body Scans Less Embarrassing?

As for storing the images, Horowitz writes, "Imaging technology cannot store, export, print or transmit images. All images are deleted from the system after they are reviewed by the remotely located operator. All machines have zero storage capability because they are disabled by the vendor before they reach airports. No cameras, cellular telephones or any device capable of capturing an image is permitted in the resolution room." Also, it is my understanding that the images are deleted before the next passenger can be scanned.

The public's confidence that the images are being deleted are not helped by reports that a courthouse in Florida, which used extremely similar machines and made similar claims that nothing was being saved, was discovered earlier this year to have archived thousands of these images. The TSA says its machines are different, but many travelers remain skeptical.

Privacy: Pat-Downs
The new procedures now allow TSA agents doing pat-downs to use the front of their hands and to conduct what turn out in practice to be unarguably intimate searches of travelers' entire bodies. For some revealing video of how aggressive these pat-downs can be, see this video from a recent Today Show. As many have reported, agents really are touching folks' "private" parts.

Unfortunately, this pat-down is the only alternative to the full body scanner. If there is a scanner in your security lane and you prefer to opt out, you are in for a very aggressive pat-down. Herein lies the problem for many travelers -- potentially unsafe X-rays or a full groping are now part of the cost of taking a flight to attend a bat mitzvah or beach vacation these days.

Also, going through the full body scanner is no guarantee that you won't have to go through a pat-down as well. If any anomalies are detected during the scan, officers may take you aside for a pat-down; the same applies if you are selected for random screening.

Pat-downs are conducted by officers of your gender, and you have the right to request a private screening at any point. And for worried parents, Horowitz tells us, "After a thorough risk assessment and after hearing concerns from parents, TSA made the decision that a modified pat-down would be used for children 12 years old and under who require extra screening."

Editor's Note: In September 2011, the TSA announced further changes to the screening procedure for children 12 or younger. They will no longer have to remove their shoes before going through the checkpoint, and if the metal detector or full body scanner detects any anomalies, the child may be able to go through the machine again in lieu of a pat-down. The screener may also choose to swab the child's hands for explosives before resorting to a pat-down.

For disabled travelers who are unable to stand unassisted for five to seven seconds in a full body scanning machine with their hands raised above shoulder level, a pat-down will be required, Horowitz tells us. "Passengers who can neither walk nor stand are ineligible for advanced imaging technology screening and receive alternative screening using a pat-down procedure while passengers remain in the wheelchair," she says. "Regardless of the degree of mobility, passengers' wheelchairs are thoroughly inspected and any removable items are required to undergo X-ray screening. As with all passengers, travelers with special needs, or their caregivers, can request private screening at any point during the screening process."

Security: Do The Machines and Procedures Make Us More Secure?

I don't consider myself a TSA apologist by any means, but I have to admit that I buy into the notion that careful passenger screening is a deterrent to terrorist activities. It will not work all the time, and the TSA has definitely not done a great job of explaining themselves either on a macro policy level, or when face-to-face with travelers. They seem to dither on silly stuff (iPad out of bag or not?), and overreach egregiously on important stuff -- threatening to lock up people who do not want to be groped is the stuff of police states, not of safety enhancement.

One of the most persuasive elements of pilot objection to the procedures derives from the fact that while pilots must go through the scanners, potentially hundreds of other airport employees, from food vendors to maintenance crew, apparently may not. If the whole point of the process is that anyone who is on the airplane side of the security checks is considered safe, it is hardly reassuring that cleaners, caterers, fuelers and other people with full access do not have to go through the same scanners as do pilots, flight attendants and passengers, according to Patrick Smith. I asked the TSA about this, and Horowitz said only that "all airport vendors are subject to the TSA approved airport security screening plan," but did not say specifically one way or the other if they had to go through the scanners.

Conclusion
There are a lot of reasons why the TSA is having a particularly rough time at the moment. To outline a few -- first, the machines are very new and far from ubiquitous, so travelers on an outbound flight might do the usual shoes- and sweaters-off routine, and on the way home find themselves being roughed up by someone wearing blue latex gloves, with little or no warning about what to expect where, when or why.

Second, it appears that the TSA has not truly completed its due diligence -- or very importantly marketing -- on the safety of the machines.

Third, regular travelers and airline professionals alike are tiring of the machinations of an inefficient, impersonal and bullying bureaucracy, particularly one where the people applying the rules so often don't even know the rules, or seem to make them up as they go along.

In truth, a backlash on this issue has been brewing for nearly a decade. I don't think many honest commentators would disagree that the TSA has bumbled and bungled its way to this impasse, even if those same folks would agree that the efforts of the TSA almost certainly have foiled or at the very least discouraged some form of terrorist activities in airports.

The TSA's obligation is to the safety of the public who employs them -- but this must extend not only to keeping terrorists off of planes, but also to keeping travelers safe from potentially harmful X-rays and extremely invasive pat-downs by sometimes unprofessional agents. The word that keeps coming up on all sides of the debate is "balance" -- in the links above you will find that pilots, aggrieved travelers and the head of the TSA alike all use the word to support their very much opposing positions. Everyone agrees that balance is what we need -- but they are standing on opposite ends of the beam.

What Does the TSA Do With Confiscated Items?

travelandleisure.com

By Amy Farley

Firearms and hazardous materials are turned over to local law enforcement officials. For safety reasons, liquids that can’t go through security—even in sealed containers—must be thrown out. For other items, the TSA either sends them to a contractor for disposal or donates them to a local nonprofit. Some of these charities will, in turn, resell items and use the proceeds to support their own programs. The TSA makes clear that none of this resale money goes into its own coffers.

Five Worst Packing Problems

independenttraveler.com

Ashley, an IndependentTraveler.com staffer, once faced a packing emergency so calamitous that her only solution was to sway a surly airport worker -- by sobbing. Back when the TSA first introduced its 3-1-1 rules for carry-on liquids, Ashley inadvertently tried to bring a large, expensive bottle of shampoo through airport security. When the TSA guard threatened to confiscate the shampoo, Ashley returned to her airline's counter to check her bag. The line was dreadfully long, and she was going to miss her flight. She begged a nearby airport worker to let her skip to the front of the line, explaining that she had already waited in line earlier; he refused. Finally, Ashley started to cry and the red-faced airport worker begrudgingly allowed her to bypass the line. 

She made her flight with minutes to spare -- but the airline subsequently lost Ashley's checked bag. Says Ashley, "If I had known how much trouble the whole thing would be, I would have just forfeited the shampoo."

When it comes to packing, a small mistake like putting a prohibited item in your carry-on bag can snowball into a messy chain of events. Fortunately, travelers faced with similar problems don't have to rely on tears to save their vacations. Whether you're dealing with a confiscated item in the security line, a surplus of souvenirs, a nasty spill or a broken bag, a bit of packing emergency know-how can mean the difference between a disaster and a worry-free getaway.


 Packing Problem #1: Airport Security Confiscates Your Prized Possession

If you plan correctly and make sure everything you're packing in your carry-on bag is permitted on an airplane by the TSA, you shouldn't have any problem getting your luggage through the airport security checkpoint. But if you're a procrastinator who carelessly throws a bag together as the airport van is waiting in the driveway (or if, like Ashley, you simply forgot about the rules), you may have some trouble getting through security. So when an officer finds your four-ounce bottle of designer perfume and permanently removes it from your carry-on bag, is it lost forever? Not necessarily.

According to the TSA Web site, "If you bring a prohibited item to the checkpoint you may be criminally and/or civilly prosecuted." Keep this in mind before you start to argue with the guard who is taking away your jumbo-sized tube of toothpaste. It's not worth it. If you try to bring anything through airport security that is not allowed on a plane, or anything that the security guard deems dangerous (no, it doesn't necessarily have to be listed on the TSA's inventory of prohibited items), airport security has the right to take your property and dispose of it. If the security officer has confiscated something that has value to you, politely ask him or her if you can take the item away from the checkpoint. If you're lucky and the officer says yes, here are your options:

If you're certain you have plenty of time before your flight takes off, you can go back to your airline's check-in counter and either check your carry-on bag or ask to have the prohibited item placed in your checked luggage. Keep in mind that you will have to wait in line at the check-in counter and at the security checkpoint all over again, so you may need an extra hour or two before your flight is scheduled to depart. There is no guarantee that the airline staff will be able to help you out, so don't return to the check-in counter unless you have time to spare; otherwise, you may risk missing your flight for nothing.

If you haven't checked a bag and you drove to the airport, take your item to the parking lot and place it in your car. Again, be very aware of how much time you have, especially if you've parked in a lot that is a lengthy walk or ride away from the airport. You will have to wait in the security line all over again.

Did someone drop you off at the airport? If he or she is a very good friend (or someone who owes you a favor), give that person a call and ask him or her to turn the car around. Promise to bring your helpful friend a souvenir from your trip.

 Packing Problem #2: Too Many Souvenirs

You could always just pack less and leave room in the bag for some extra souvenirs. But who really wants to do that? After all, in the current context of expensive baggage fees, empty space in your suitcase is valuable real estate. And if you only brought a carry-on bag, some souvenirs you might purchase, like liquid-filled snow globes, may be prohibited past the airport security checkpoint. With no room in your bag for anything larger than a postcard of Tuscany and only a carry-on in which to cart two weeks' worth of clothing, how do you get those bottles of pricey Italian merlot back to the States? 

Many travelers ship souvenirs back home -- especially large or fragile things like handmade Moroccan rugs or Waterford crystal. A reputable shop that caters largely to tourists (and sells big and expensive items like furniture) will likely ship your goods back home right from the store. However, without shipping insurance or a tracking number, you have little control over the fate of your purchase.

A second option is to mail the item yourself. We recommend using major international shipping companies like UPS and FedEx as opposed to a local post office because overseas postal services (especially in developing areas) may be unreliable. Check out the major international shipping companies' Web sites before you leave to see if there's a location near where you will be traveling; if so, write down the address and phone number and stick it in your wallet. Also look up restrictions, shipping costs and shipping times. And make sure to get your shipment insured and write down a tracking number!

Your third, probably cheapest option is to pack a squashy, foldable bag that takes up little room in your suitcase. A soft duffel or zippered tote bag will work. If you end up with a mass of bulky souvenirs, you can unfold the extra bag and check it at the airport. Although you may end up paying a checked-bag fee for an extra piece of luggage, this might be a more economical way to cart your souvenirs home than paying for international shipping, which is not cheap. Wrap some T-shirts or sweaters around any breakable items.

 Packing Problem #3: You Left (Insert Essential Item) at Home
 
As you are pulling up to the airport, it hits you like a ton of bricks: you've forgotten your cell phone charger, raincoat, guidebook, wallet or some other item that you need or want to use on your trip. Don't panic. Have you forgotten an item of clothing or an electronic device? It's time to think positive and maybe even treat yourself to something new at an airport shop if you're feeling upset. Or be brave and go on without your favorite possession. (You may even be better off finally breaking your smartphone addiction!)

We probably don't need to tell you to turn the car around the second you realize that you don't have your passport. But if you've arrived at the airport with only a few hours before your flight, not enough time to get home and back, and without proper identification, you're going to miss your flight. If you're traveling to any international destination, including Canada and Mexico, there is no way you're getting on a plane without a passport.

So now you've missed your flight. You still have a chance to save your vacation. Stop crying -- everyone is staring. First, go to your airline's check-in desk and try to get on the next flight. If you're already on your way home, pull over the car and call your airline. Airlines' policies on missed or canceled flights vary, so you may find a sympathetic ear or you may end up paying full price for a new ticket.

 Packing Problem #4: Your Luggage Breaks

I've never seen a suitcase explode in the middle of the airport, although I've often envisioned this scenario after stuffing my rectangular bag so tightly that it ends up in the shape of a ball. We live in reality, as opposed to an animated cartoon world, so the worst thing that could happen to your overstuffed bag is probably a broken zipper, which may or may not produce a gaping hole with your underwear hanging out. Are you no longer carrying a suitable suitcase while traveling? Here's what you do:

Proper preparation is the best way to handle this situation; duct tape should be at the top of your must-pack list. But if you forgot your trusty tape and your bag has a gaping hole, find some tape! Whether you're at the airport or you've already arrived at your destination, search for shops that may have or sell tape, find help at your airline check-in counter, talk to your hotel concierge or even ask around to see if any fellow travelers have some duct tape to spare (someone will, trust us).

A broken bag is the perfect opportunity to use those arts-and-crafts skills you learned in grade school. Is your zipper tab broken? Hook a paper clip through what's left of the zipper (ask any store cashier for a paper clip if you don't have one). If the situation is dire and your bag is non-functional, ask a store employee for some plastic bags in which to pack your things until you can get to a place that sells luggage.


 Packing Problem #5: Something Spills All Over Your Stuff

One good thing about the TSA's 3-1-1 rule is that it forces travelers to store their carry-on liquid items in plastic bags, thereby preventing any spills from staining sweaters and dresses. But your checked bag may be a different story. If you neglect to pack your liquid items in plastic bags or to bring a travel-size stain remover (which you should always do), the rough-and-tumble ride from check-in counter to baggage claim may result in punctured plastic containers or broken bottles.

Is your favorite cashmere sweater slathered with costly face cream? Stay calm. Your clothes may or may not be ruined, depending on what has spilled and how long it's had to set in. Heat sets stains, so don't dry your stained clothes with a hair dryer or use hot water on them. If possible, bring your clothes to a professional cleaner. Or, if you're staying at a hotel that offers laundry service, ask the staff to clean off your clothes. You may have to purchase one or two new clothing items so that you don't go naked while your clothes are being cleaned (but who doesn't love an excuse to shop?).

Travelers who are in developing countries or places where there are no dry cleaners should roll up their sleeves and get to work. Don't have access to a stain remover product or detergent? First, flush the stain with cold water. Dab, don't rub, so that the stain doesn't spread. Dab stains with white vinegar, a great natural stain remover, and use dishwashing soap diluted with water, which effectively removes most stains (ask the hotel kitchen staff if you may borrow some vinegar or dishwashing liquid). Before you submerge any stained item in a basin of water, press a towel against the stain to make sure that it doesn't easily come up; if it does, it could color the water and stain more of the fabric. Dry sweaters and delicate pieces by rolling them in clean towels and then hanging them on hangers or the shower curtain bar.