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From: KLON
Monday, Nebraska’s Senator Ben Nelson introduced legislation with several senators to protect the privacy of Nebraskans and all Americans by making it a felony to inappropriately photograph, record or distribute images produced by body scan imaging machines at U.S. airports or in federal buildings.
“Using technology to scan individuals for hidden weapons is a necessary – albeit sometimes unpleasant—aspect of making sure our airways and public buildings are safe,” Senator Nelson said in a speech on the Senate floor. “However, in the scope of doing such things, safeguards can be put in place to help deter individuals from collecting and using those images inappropriately—and this is the goal of the amendment I and my colleagues are proposing.”
Nelson introduced the proposal as an amendment to the Federal Aviation Administration Reauthorization bill, along with Senators Chuck Schumer of New York, Daniel Akaka of Hawaii, Sheldon Whitehouse of Connecticut, Jon Tester of Montana and Jeanne Shaheen of New Hampshire.
In his speech, Nelson noted that the federal Transportation Security Administration has promised the agency won’t keep or transmit body scan images.
“If passing laws or directives assured compliance there would be no speeders in America,” Nelson said. “What we need are additional consequences to make anyone considering keeping, storing or transmitting these scanned images think twice about the fact they will be committing a felony.
“If the consequence is enough of a deterrent, we’ll have compliance. And the privacy of every American will be better protected,” Nelson added.
The full text of Sen. Nelson’s floor speech follows:
Mr. President, I thank my colleague (Senator Rockefeller) for this opportunity to rise today to discuss an amendment to the FAA Reauthorization bill…The amendment which I’ve proposed along with Senators Schumer, Akaka, Whitehouse, Tester and Shaheen, would make it a crime to photograph, record, or distribute a body scan image taken by a body scan imaging machine – at either an airport or any federal building – without express authorization to do so either by law or regulation.
I’ve heard from many Nebraskans who are concerned that the use of body scan imaging machines are overly invasive and that their privacy is being ignored – and I too share these concerns. This is not an abstract concern. According to news reports, the U.S. Marshals Service acknowledged last year that some 35,000 images from a body scanner at a security checkpoint at a Florida courthouse had been saved. That’s despite promises from federal agencies that these images wouldn’t be stored.
One hundred of the saved images were leaked and some are online now for anyone to view. So, an invasion of privacy has already occurred.
Nebraskans and the American people understand that every step needs to be taken and every resource needs to be used to ensure the safety of our citizenry. Using technology to scan individuals for hidden weapons is a necessary – albeit sometimes unpleasant—aspect of making sure our airways and public buildings are safe.
However, in the scope of doing such things, safeguards can be put in place to help deter individuals from collecting and using those images inappropriately, and this is the goal of the amendment I and my colleagues have proposed. I’m well aware that the Transportation Security Administration has said that the agency will not keep, store or transmit images. But that doesn’t assure compliance.
If passing laws or directives assured compliance there would be no speeders in America.
What is needed are additional consequences to make anyone considering keeping, storing or transmitting these scanned images think twice about the fact they will be committing a felony. If the consequence is enough of a deterrent we’ll have compliance. And the privacy of every American will be better protected.
Let me explain exactly what the amendment does:
It makes it illegal to photograph, record, and subsequently distribute the images taken by body scan machines in an airport or any federal building.
It imposes a penalty of up to 1 year in prison and up to a $100,000 fine for those who inappropriately collect and distribute these images.
And it says that any individual who is acting within the course and scope of their employment is not breaking this law by saving these images or sending them if the purpose for doing so is to use these images in a criminal investigation or prosecution.
Mr. President, by adopting this amendment we are telling the American people and my constituents in Nebraska that we are not going to ignore their privacy in the process of making sure we have safe airports and federal buildings. Our amendment takes a common sense approach to addressing this issue and why I am seeking its inclusion in the FAA Reauthorization.
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