OverTheGeicoE (1743174) writes "On Saturday, the Electronic Privacy Information Center announced that they filed papers in the US Court of Appeals for the DC Circuit to get the Department of Homeland Security to start its public comment process. In July the court ordered DHS to take public comment on airport body scanning, in accordance with federal law. The court allowed DHS and TSA to continue using scanners during the comment period. According to EPIC's filing the ruling against DHS became final on September 21 after EPIC's motion for a rehearing was denied. Since then, DHS has done nothing to comply with the order. EPIC wants DHS to release details for their public comment period process within 45 days. DHS is no stranger to the kind of notice and comment rulemaking that is being required of them. Earlier public comment on their Large Aircraft Security Program (LASP), which would have required draconian security on aircraft 10% of the size of a Boeing 737, did not go so well. They received 7400 comments 'vehemently opposed' to LASP in 2008 and 2009 and are still reworking the plan in response to the comments received. How will DHS manage the public comment period for body scanners, which directly affects many millions more Americans than LASP does? Would DHS prefer to take their chances in court, including an appeal to the Supreme Court if need be, rather than face the public over their body scanners?"
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