What TSA reform should look like in this Land of the Free

Cory Doctrow, of boingboing, posted ‘Alaska state rep refuses TSA grope of her mastectomy scars, drives home from Seattle’, which addresses how far Homeland Security’s front line against terrorism in our nation’s airports, the TSA, has overstepped its bounds, again.

One of the comments, submitted by pmocek, sums up the guidelines for what the American people should expect from a bureaucracy that claims to protect us. It is so well written that I could not resist reprinting it here:

So what is to be done? Real reform of TSA procedures would include:

• No more secret laws. TSA has to publish its rules and procedures like every other agency. Any unpublished rule cannot be enforced against citizens. Then the public would have early notice of rules like “You have to either be photographed nude, or groped”. And a flood of negative comments on such proposed rules might dissuade the agency, energize Congress to intervene, or allow a court challenge to be brought — before TSA molests a million more people a day in airports across the country.
• No more groping travelers. Assaults on innocent travelers in a way that the law oif almost every state defines as sexual battery should not be the new standard for Federally-approved suspicionless searches.
• No more suspicionless searches. We are in more danger from physical sexual attack by TSA employees than we are from secret bombers. Terrorism is a minor problem. Drunk drivers are more of a danger to travelers than terrorists. Heart disease kills far more people every week than terrorism did in its worst year. Mandatory heart checkups in lines at the airport would do far more to keep us all alive than mandatory searches. But neither checkups nor searches can be forced on the citizens of a free country. Millions have fought for our freedom; we should not let the government ignore the basic human rights that our families fought to obtain and keep.
• No more secret blacklists or secret “no-fly” orders. The TSA can’t bar “certain people” from flying by secret, extra-judicia administrative orders. If the TSA thinks someone is guilty of something, arrest them and give them their day in court to confront their accusers and defend themselves before a jury, with a presumption of innocence. If TSA can’t arrest them, because they haven’t committed a crime, then it must leave them (and the rest of us) alone.
• No more secret surveillance lists. TSA’s “selectee list” is much larger than the no-fly list. It is how a lot of people end up “randomly” searched every time they go through an airport. Again, if TSA has evidence of a crime, arrest them; otherwise, treat every traveler equally.
• No more lying to the public. TSA claims its searches are random when they aren’t. It claims their machines can’t store nude photos when they can. It claims ID is required when it isn’t. The history of TSA is a history of lying to the public. Congress should make sure it is both a crime and a tort (fraud) for a TSA employee or contractor to lie to a member of the public.
• No more identity checkpoints. Free countries don’t demand that citizens produce their “papers” in order to move around. No more warrantless interrogations (under penalty of denial of travel) or demands for information.
• Restore the right to assemble and the right to travel. Neither the TSA nor any government agency has the right to prevent us from moving around in our own country. If they don’t have cause to arrest us, then we’re presumed innocent and we’re free to move around the airports, the planes, the train stations, the trains, and the country.

It’s up to the public to take action to bring about these changes. So far, the courts have done nothing to stop these abuses or hold the TSA accountable. John Gilmore, for example, sued the TSA in a case that went all the way to the doors of the Supreme Court, over their demand that we identify ourselves in order to move around in our own country. He lost. The issue that he asked the Supreme Court to review was whether an agency like TSA can make up secret rules, never publish them, and require the public to follow them. The Supreme Court declined to take the case.

I fear this is the writing on the wall that U.S. citizens can no longer call this country “the land of the free”. Why more people are not standing up against this injustice is beyond me.