In the latest effort to balance security and privacy at U.S. airports, New York Democratic Senator Chuck Schumer introduced legislation yesterday to criminalize the recording or distributing of images generated by controversial full body scanners.

Under the Security Screening Confidential Data Privacy Act, anyone convicted of recording or distributing images of passenger full body scans could face up to one year in prison or a maximum fine of $100,000 or both.

“Anyone who would try to use these images for purposes other than security should be severely punished,’’ Schumer said, according to the Associated Press [1].

The legislation comes after a roller coaster ride of public outrage [2]over full body scans and enhanced pat-down searchers just before the Thanksgiving holiday. Despite calls to "opt out" of the full body scans at the nation's airports on Thanksgiving eve,  airport security faced scant protest [3]on what's traditionally the busiest travel day of the year.

Schumer described the legislation as another way for the government to give air travelers peace of mind.

“This new law will send a loud and clear message to the flying public,” he said. “Not only will we do everything we can to protect your safety, but the government should do everything it can to protect your privacy as well."

The Transportation Security Administration (TSA), the agency that operates full body scanners at U.S. airports, has repeatedly stated that it takes strong precautions to protect passenger privacy.

"[Full body scanners] cannot store, print, transmit or save the image, and the image is automatically deleted from the system after it is cleared by the remotely located security officer," the TSA Web site explains [4]. "Officers evaluating images are not permitted to take cameras, cell phones or photo-enabled devices into the resolution room."

But the TSA's assurances have been questioned after a full body scanner operated by the U.S. Marshals Service at a Florida courthouse recorded and stored 35,000 images [5]. In response to the leak, the TSA reiterated that its machines cannot record or store images [6], noting the U.S. Marshals Service is a separate agency within another federal department.

At a press conference yesterday, Schumer explained his legislation as an attempt to ensure the scales of security don't weigh too much more than those of privacy.

"Safety must come first, but there are areas where TSA can do more to protect people’s privacy without affecting safety,” Schumer said, according to The Epoch Times [7]. “Americans by and large have been very patient, and we recognize that we’re better safe than sorry. We continually must adapt with the smartest and most advanced technology available, but as we do that, we need to ensure that the scales don’t tip too far in just one direction.”

♦ Photo by Zawezome/Flickr [8]

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