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After hiding behind claims of document delays and security priorities for 14 months, the TSA will be forced to face critics for a 90-day commenting period to debate whether so-called "nude" body scanners violate citizens' rights.

A Washington, D.C. appeals court has given the TSA until the end of March to hold public hearings on its controversial airport body scanners, more than a year after first issuing the order. The court’s latest order, handed down Tuesday, comes in response to a constitutional challenge from the Electronic Privacy Information Center (EPIC), which has accused the TSA of filibustering orders to complywith federally-mandated “notice and comment” protocol. Citing the TSA’s 14-month delay, EPIC had argued for a reversal of the court’s earlier decision to allow full body “nude” scanners at airport security checkpoints.

The appeals court first ruled on the case in July 2011, when it dismissed EPIC’s claims of unconstitutionality, but…determined that the TSA violated federal law by introducing its body scanners without a public hearing, but declined to penalize the agency for doing so.

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Tags: security, tsa

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