HB 1938 - whole body scanners - NOT IN TEXAS!

There has been a very big outcry over the use of the so called "whole body scanners", also known as backscatter scanners. Well, if this bill passed, it would be illegal to install or operate "whole body scanners" at airports in Texas. This sets up yet another showdown between the ever expanding and ever more controlling federal government and our state government.

The TSA (or whatever the current alphabet soup is) wants the backscatter scanning devices installed at all airports and everyone to have to go through them. I have seen the image that is generated by the device. If it was in color and on the internet it would be considered amateur pornography. So we are told that this is necessary for our safety in the air. We are also told that the image is reviewed and immediately removed. We already know this is not true - I had recently (last 6 months?) seen a news article on how several scanner reviewers were caught using the images inappropriately. I will have to look for that link, post it when I find it.

The bottom line is I don't trust federal government employees (or anyone else for that matter) with what are essentially nude photos of me, or my fiancee, or my mother (or her mother). Needless to say, I avoid commercial air travel at this time.

This bill sets up a nice confrontation between the state and the federal government. In fact, the city of Houston testified that the law is irrelevant as it is preempted by federal law. At the moment, the bill is pending in committee. I will say that it is about time that the states start pushing back on the encroaching overreaching federal government. The tenth amendment is there for a reason - to stop overreaching of the federal government. Having said that, I think this one could be really interesting.

There really is a granting of power to the federal government to regulate interstate commerce. Commercial flight between states is definitely interstate commerce. So really, it is not hard to see that in concert with the supremacy clause this law could be declared preempted and invalid. It would be better to have our congressional delegation, in concert with delegations from other like minded states, to get together and pass the necessary laws at the federal level to remove the backscatter technology. Some people will want the whole body scanners to be in use, saying it makes them feel safer. I can actually understand that - I just disagree as to whether the incremental increase in "safety" or "security" justifies the invasion of my, or any other law abiding citizen's, privacy. For now, I choose to not fly commercial when I travel - I find other ways.

As a side note, I remember there were some other bills under consideration related to this. The one I am thinking of would make it a crime to "get too personal" during the pat down searches (another reason to avoid commercial flight). I'll have to check on that one's progress too.