Saturday, January 2, 2010

Do Airport Full Body Scanners Violate Privacy?

The attempted terror bombing of Northwest Flight 253 on Christmas 2009 has rekindled the debate over what tools TSA and other screening agencies around the world need to detect explosives smuggled by would be aviation terror bombers. Perhaps one of the most effective and controversial methods of screening passengers is the full body scanning system that can detect virtually any concealed object on a person. Such scanning systems provide the screener with a silhouette of the naked body of the individual being screened. It is this fact that has caused many to oppose the use of such technology as a violation of personal privacy calling it a “virtual strip search.”

The way to maintain privacy is to ensure anonymity. If the screener looking at the picture does not have the name and cannot see the identity of the person they are screening, how is one’s privacy violated? Moreover, today’s technology allows for the blurring of sensitive areas in the absence of any contraband detected in such areas. The clarity of the picture the screener sees is far from Kodak moment quality and can be made to appear much like a stick figure drawing. In addition, the immediate destruction of the image following the screening, coupled with criminal sanctions for any unauthorized use of such images, would go a long way toward easing the public’s privacy concerns.

As evidenced by its use in jails, such technology is an effective method for screening out contraband on a person, including weapons and explosives. However, it is not a silver bullet as it cannot always detect whether an item is dangerous, but simply if an item is present. Additional screening using other technologies and methods to detect and determine the exact nature of the item will still be necessary, such as whether an item is a tube of talcum powder or a tube of explosives. Nor can the scanner detect items hidden in certain body cavities. This is not academic as evidenced by the failed suicide bombing of Saudi Arabia’s deputy interior minister in August 2009 where the al-Qaeda assailant hid the bomb in his anal cavity killing the assailant and wounding the minister. There are also reports that the scanner cannot see items concealed under plastic, vinyl, or anything that appears skin like.

In deploying the scanner, protocols for its use will have to be developed. Will all passengers be expected to go through the scanner or just those selected for secondary screening? What if someone refuses? Will that person then be subjected to a pat down search? The problem there is such pat down searches are far less effective given the current rules about where screeners can touch. Indeed, they are often barred from touching the very area the Northwest Flight 253 bomber hid his explosives. To become more effective by loosening such restrictions would result in pat down searches truly becoming an invasion of privacy. Even under today’s restrictive pat down rules, isn’t a pat down search more invasive and humiliating than going through a full body scanner?

Flying today is hardly a pleasant experience as it is and few of us cheer the need for full body scanners. The scanners are no panacea nor can any absolute guarantee against abuse be offered. The need, however, is a result of the long war we find ourselves in. Despite, or perhaps because of, the enormous amount of resources America and the world have allocated in the effort to secure aviation, al-Qaeda and its affiliates remain determined to attack it. If we are going to secure air travel, we must avail ourselves of the best technology to do so. Despite the controversy, full body scanners are a powerful tool that if utilized properly, and in conjunction with other tools, can go a long way toward securing air travel while minimizing privacy concerns.

No comments:

Post a Comment