EPIC has obtained a court order requiring the Department of Homeland Security to undertake a public notice on and comment rulemaking. On July 2, 2010,

• TSA Begins Court Ordered Rulemaking on Body Scanner Program, EPIC Urges Public Comment: The TSA announced today that it will begin a public comment process on its airport screening procedures. The action follows from a 2011 court order in EPIC v. DHS. In that case, the Federal Appeals Court for the DC Circuit found that the agency unlawfully deployed body scanners in US airports. In a proposed two-sentence change to the agency's extensive regulations, the TSA seeks to grant itself authority to continue to deploy Nude Body Scanners ("NBS") without establishing privacy safeguards. EPIC, which brought the successful challenging to the TSA program, is urging public comment on the agency proposal. EPIC is recommending that the TSA adopt more effective screening procedures. If the TSA continues with Nude Body Scanner program, EPIC said the agency should make clear the right of individuals to opt-out as well as require privacy filters for all devices. For more information, see EPIC v. DHS (Suspension of Body Scanner Program). (Mar. 26, 2013)

• EPIC Prevails in Two FOIA Cases, Obtains Further Details on Body Scanners: A federal judge has granted EPIC victories in two Freedom of Information Act cases involving the controversial airport body scanners. Judge Royce Lamberth in Washington, DC held that the Department of Homeland Security must turn over two safety reports detailing radiation output by the scanners and a set of power point slides containing details on automated target recognition software. The agency previously claimed it was not required to release the documents to EPIC. EPIC has pursued several related Freedom of Information Act cases as a challenge to the deployment of the devices. In 2011, the DC Circuit of Appeals ruled in EPIC v. DHS that the agency must receive public comments on the decision to deploy body scanners for primary screening. For more information see: EPIC: Whole Body Imaging Technology and EPIC v. DHS (Suspension of Body Scanner Program). (Mar. 8, 2013)

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