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IPFS News Link • Transportation: Air Travel

Courts and Congress finally start to rein in the TSA

06-27-2009 • Papers Please

Until recently, the TSA has been a domestic legal Guantanamo, and the TSA has treated their domain of “checkpoints” and travel control and surveillance as a law-free zone where their powers of search, seizure, detention, and denial of passage were unconstrained by the Constitution, human rights treaties, judicial review, or stautory or regulatory standards. As indeed it has been: Congress has enacted no law specifically defining any limits on the authority of TSA agents at checkpoints (or elsewhere), and the TSA itself has never conducted any rulemaking or issued any publicly-disclosed regulations defining its authority, its limits, what orders travellers do or don’t have to comply with, and which forms of “noncooperation” are considered grounds for which sanctions

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Reported By Terry Bressi

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