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Is the TSA going too far?

Sounds like a bullshit way to get around the law.
That's a stupid comment, since the whole point of the federal courts is to determine what the law is by interpreting the Constitution.

Federal courts are suposed interpet the law, not create ways to skirt the law. The Constitution is clear that you can't search people without a warrant or probable cause. If a judge is finding ways for the federal government to get away with searching people without warrants, then that is bullshit. Hence my comment. It's activism, not judging. Judges have been known to make mistakes by the way.
 
Wouldn't it be a whole lot easier to have an armed guard on each plane?

If you believe the numbers in CNN's investigation (which the TSA contends are way too low), even after the number of air marshals were drastically expanded post-9/11, they still only fly on about 1% of total daily flights. There are about 28,000 major commercial carrier flights per day, so that's a hell of a lot of flights to cover, and air marshals require very extensive training due to the potential for subjects taking hostages and collateral damage everywhere.

They work better when you don't know if they're on the flight or not, so that the deterrent is there even if the marshal may not be. An obvious, armed guard can be rushed and neutralized in a small space, and since the cost of having someone so highly trained on every flight would be astronomical, they wouldn't likely be able to afford to cover anywhere close to everything. But you'd know which flights were and were not covered.
 
Wouldn't it be a whole lot easier to have an armed guard on each plane?

I thought so too at first, but what happens in the event of hostages? The armed guard is not only useless, he's armed and that would enable a second hijacker. Not having weapons on planes is the most important thing. No weapon, no hijacking.

Americans have become so paranoid that now anything intended to keep them safe is misinterpreted as an "assault" on their rights. To me, it comes down to a simple equation -- want to be safe? You have to put up with security procedures. But being safe is relative -- some terrorist will figure out a way past these procedures. Might as well worry that, statistically speaking, you're liable to die in a car crash first. You can't live your life in fear!

Indeed. I'd rather be free than safe because quite frankly, I don't trust many of the meatheads hired to do the screening/protecting. And I don't think that qualifies me as a hippie. What standards are held to those who would "keep us safe?" They generally seem an irritable lot, I fly frequently and try to smile my way through and generally I think that's the way to deal with all of this.
 
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Here's a thought: Give many of the passengers on the plane a fake (but extremely realistic looking) toy gun. It can't cause any actual harm, but the terrorists would shit their pants if they saw so many people they thought were armed. :lol:
 
Sounds like a bullshit way to get around the law.
That's a stupid comment, since the whole point of the federal courts is to determine what the law is by interpreting the Constitution.

Federal courts are suposed interpet the law, not create ways to skirt the law. The Constitution is clear that you can't search people without a warrant or probable cause. If a judge is finding ways for the federal government to get away with searching people without warrants, then that is bullshit. Hence my comment. It's activism, not judging. Judges have been known to make mistakes by the way.
The law is what the Courts say it is. The Supreme Court determines what is Constitutional. That is their function. They don't have to "think up ways to skirt the law" because they decide what the law is. And it's not "a judge" finding ways, it's the court of appeals, which is a panel, deciding what the Constitution requires. They are the ones who determine whether any particular judge has made an error of law.
 
The law is what the law says. The supreme court is suposed to uphold the law, not create it. If the law says that you can't search without a warrant, then you can't search without a warrant. No exceptions. If the judge or judges don't see it this way, then they are puposely finding holes in the law that the government can use to get around the law. This is activism and not judging the law to be constitutional. Therefore, I call this bullshit.
 
Freedom shouldn't be sacrificed in the name of "safety."

And these new security procedures at airports is doing nothing to make us "safe."

It's closing the door after the cows are out, as Locutus said above. The procedures are reactionary to an attack.

Which, really, is pretty dumb.
 
To be free, we MUST be safe. The lack of safety equals chaos, and where there is chaos there can be no freedom.

Okay... but you can't guarantee safety, it would be irresponsible for a country to create the illusion of safety for it's citizens when it's not really there.
 
^ No, you can't *absolutely* guarantee safety, but you can try to make things as safe as realistically possible. Better to do that, than not try at all.
 
Americans have become so paranoid that now anything intended to keep them safe is misinterpreted as an "assault" on their rights. To me, it comes down to a simple equation -- want to be safe? You have to put up with security procedures.

I'm unsure how not wanting to be ogled in your green-tinted birthday suit or groped just to catch a red-eye to Cleveland (which is punishment enough) makes one paranoid. It seems contradictory since we're calling for less (or preferably smarter) security procedures, not more. People demanding more excessive security measures even though they're not likely to stop terrorists - who know what to avoid now - would seem to fit the paranoid bill more rather than the other way around. I'm not a hot woman, so I'm not too worried if someone wants to see my toned naked physique in all of its glorious splendor, but I could certainly see how a women might feel creeped out by it if she keeps getting singled out, as is actually happening.

I don't think that most people feel more safe from these procedures at all. I think they feel more inconvenienced and harassed and embarrassed due to increasingly pointless and invasive knee-jerk reactive security measures. I already felt perfectly safe flying, but not from the security checks, just because the chances of something happening are so incredibly slim. I stay away from flying now unless I absolutely have to not because of terrorism, but because of the security hassle before you even get on the plane. I guess if the goal is to stop terrorism on airliners by trying to discourage people from flying as much as possible it's the right way to go.

If anything, the fact that their security measures are always reactive to the last incident that actually happened or would have happened if not for incompetence of the terrorist or the reaction of the passengers (but always after the terrorist already got the device on the plane) gives me less confidence in them. They haven't shown an ounce of initiative, forward-thinking, or rationality. They prevent passengers from carrying liquids, nail files, and ink cartridges though, like that's going to stop anything. People joke that the next time when a terrorist carries a bomb in a body cavity that means there are going to be random body cavity searches for passengers, but deep down there's a tinge of seriousness in it because given everything else the TSA has done that's sadly not out of the realm of possibility.

But hey, clearly the TSA knows what they're doing and never goes too far. How could an agency that feels-up children (AKA Terror Tykes) and then tells them it's all part of a "fun game" (you know, like child molesters do) possibly be wrong? Note, I'm not actually calling them child molesters here, I'm calling them incompetent for the fact that they clearly didn't even consult with any child psychologists before coming up with that brainfart of an idea.

Your anger is somewhat contradictory. You complain that TSA has never caught any terrorists, but then claim that the actual chance of terrorism is extremely small. So maybe TSA has never caught one because there aren't any formal terrorists plots.. has TSA caught 19 Saudis trying to hijack a plane and use it as a weapon? No because there hasn't been any. Does TSA confiscate weapons from passangers. Yes every single day.
 
It's about the fact that I go into an airport I am subject to search without a warrant or probable cause. As others have pointed out, there is no other choice. I either buy the ticket or not.

When you buy a ticket, it's an informed choice. You are at that point accepting that you maybe searched. It's that simple. You have accepted it. You don't need a warrant for such occassions. You are saying, I accept that you may need to search me for the safety of everyone.

If you don't want to be searched, scanned, whatever, don't buy the ticket. Is that simple enough for you to understand?

Mr Awe

Except that you are entering an agreement with a private company (the airline), and yet you may be searched by a government entity (TSA). Therein lies the gray area. Does the government have the right to interpose itself into a private transaction?

Airports however are not private institutions. They are government owned entities so airlines cannot have free reign to make their own policies within an airport.
 
Your anger is somewhat contradictory. You complain that TSA has never caught any terrorists, but then claim that the actual chance of terrorism is extremely small. So maybe TSA has never caught one because there aren't any formal terrorists plots.. has TSA caught 19 Saudis trying to hijack a plane and use it as a weapon? No because there hasn't been any. Does TSA confiscate weapons from passangers. Yes every single day.

By "weapons" do you mean "devices that the carrier(s) intends to use to hijack the plane" or do you mean "device that some people carry on them all of the time (like a utility knife or a zippo), forgot about and simply left in their pocket/carry on bag."

Because, I suspect, it's the latter more often than the former.
 
Americans have become so paranoid that now anything intended to keep them safe is misinterpreted as an "assault" on their rights. To me, it comes down to a simple equation -- want to be safe? You have to put up with security procedures.

I'm unsure how not wanting to be ogled in your green-tinted birthday suit or groped just to catch a red-eye to Cleveland (which is punishment enough) makes one paranoid. It seems contradictory since we're calling for less (or preferably smarter) security procedures, not more. People demanding more excessive security measures even though they're not likely to stop terrorists - who know what to avoid now - would seem to fit the paranoid bill more rather than the other way around. I'm not a hot woman, so I'm not too worried if someone wants to see my toned naked physique in all of its glorious splendor, but I could certainly see how a women might feel creeped out by it if she keeps getting singled out, as is actually happening.

I don't think that most people feel more safe from these procedures at all. I think they feel more inconvenienced and harassed and embarrassed due to increasingly pointless and invasive knee-jerk reactive security measures. I already felt perfectly safe flying, but not from the security checks, just because the chances of something happening are so incredibly slim. I stay away from flying now unless I absolutely have to not because of terrorism, but because of the security hassle before you even get on the plane. I guess if the goal is to stop terrorism on airliners by trying to discourage people from flying as much as possible it's the right way to go.

If anything, the fact that their security measures are always reactive to the last incident that actually happened or would have happened if not for incompetence of the terrorist or the reaction of the passengers (but always after the terrorist already got the device on the plane) gives me less confidence in them. They haven't shown an ounce of initiative, forward-thinking, or rationality. They prevent passengers from carrying liquids, nail files, and ink cartridges though, like that's going to stop anything. People joke that the next time when a terrorist carries a bomb in a body cavity that means there are going to be random body cavity searches for passengers, but deep down there's a tinge of seriousness in it because given everything else the TSA has done that's sadly not out of the realm of possibility.

But hey, clearly the TSA knows what they're doing and never goes too far. How could an agency that feels-up children (AKA Terror Tykes) and then tells them it's all part of a "fun game" (you know, like child molesters do) possibly be wrong? Note, I'm not actually calling them child molesters here, I'm calling them incompetent for the fact that they clearly didn't even consult with any child psychologists before coming up with that brainfart of an idea.

Your anger is somewhat contradictory. You complain that TSA has never caught any terrorists, but then claim that the actual chance of terrorism is extremely small. So maybe TSA has never caught one because there aren't any formal terrorists plots.. has TSA caught 19 Saudis trying to hijack a plane and use it as a weapon? No because there hasn't been any. Does TSA confiscate weapons from passangers. Yes every single day.

I wasn't angry at all. In fact I was making jokes throughout the post. Also, when you introduce a straw man argument that I never made that doesn't make me contradictory. You conflated two entirely different points.

I wasn't criticizing the TSA for not stopping any of the extremely rare well-planned and coordinated terrorist attacks like 9/11. 9/11 was in part a combination of lack of the concurrent administration's interest in foreign terrorism, inefficiency in intelligence gathering and sharing/responsiveness, over-reliance on electronic intelligence instead of human intelligence, and the terrorists simply adapting to the things we don't screen for (that being said, even if things were working perfectly we might not have stopped it anyway. Sometimes shit happens, but it's so rare that we shouldn't go overboard worrying about it).

I was criticizing the TSA for taking over-the-top measures that are always reactive to the last incident, when the existing pre-9/11 security procedures coupled with better intelligence beforehand (not TSA's responsibility) and better behavioral profiling and questioning as the passengers move through security (TSA's responsibility) would do the trick in almost all cases.

For example, pre-9/11 we screened for guns and bombs, so the terrorists resorted to using commonplace items like box cutters and corkscrews. Does that mean we should should take away all sharp objects from the passengers? No, because the countermeasure to that type of attack already existed on 9/11 with United Flight 93. Once the passengers knew that this was not an ordinary hijacking scenario where you need the passengers alive as hostages, they rose up against them.

Now they can't use box cutters and corkscrews any more, because the passengers will stop them. So they went back to bombs. Except, due to the x-ray luggage scanners and metal detectors that already existed pre-9/11, they can't smuggle aboard any kind of complex bomb, so they have to resort to makeshift devices using PETN that require a lot of time and effort and obviousness to detonate (like lighting your shoes or pants on fire), and guess what? The passengers stop them again.

My point is that our airport security pre-9/11 was actually very effective and forced the terrorists to adapt. That, coupled with passengers knowing that hijackings nowadays are very likely to be fatal for all involved, better intelligence gathering, and hopefully at some point some improved behavioral profiling training for TSA personnel instead of having them dick around (pardon the pun) feeling people up, should prevent almost all terrorist attacks. Inevitably another major one is going to get through. Unfortunately that is the price of having a free and open society. But it's such a rare occurrence that we shouldn't compromise that freedom and openness in order to try and guarantee total security, which is impossible.

You're absolutely right that TSA does confiscate weapons every single day. I never said otherwise. Nor am I criticizing the TSA personnel working the security checkpoints as the incompetent ones. They're just following instructions from the higher-ups, who are the incompetent ones I'm talking about. But let's not fool ourselves into thinking that those were terrorist attacks in the making. They were rednecks who didn't feel safe traveling without their gun, gangbangers, pro athletes, and just plain old idiots. And I'm fine with banning full-sized knives because they can certainly wound or kill a lot of people, even though those won't get you control of an aircraft anymore either. But pocket knives, Leatherman multi-tools, nail files and the like is a bit much.

You know what all the knives and guns the TSA stops every day have in common? They were all stopped by pre-9/11 screening procedures like metal detectors and x-ray luggage scanners for carry-on items. You know what probably wouldn't have been stopped by the reactive measure of the millimeter wave full-body scanners? The shoe bomber, the liquid bomb plot, the London Tube bombings, or the underwear bomber that inspired the new security measures going in in the first place. It's security theater; the illusion of security, rather than actual security. Existing pre-9/11 security measures, the new post-9/11 reality of planes being used as bombs and the passengers rising up to stop it, post-9/11 armored cockpit doors and locks, improved intelligence gathering and dissemination, and better behavioral profiling training for TSA personnel will stop almost all attacks and force the terrorists to adapt newer plans. Fortunately all but one of those are already in place, though the intelligence gathering can always use some improvement.

But thank God that guy sitting next to me in coach can no longer trim his fingernails, drink a Snapple, and print out the cover sheet on his TPS report when he lands, and that I can choose what's behind door number one: an unflattering naked picture, or door number two: having my man-baggage fondled by a middle-aged dude named Jesus with two rough hands and one clear word of English; all without even the common courtesy of dinner and a movie first. I feel much safer now.
 
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It's really disgusting how people are just tolerating it like the lemmings they are. But since air travel is so necessary, they have us, ahem, by the balls.
 
With everything TSA does today, if it was in place pre-9/11 the 9/11 attacks till could've happened. (Removing the passenger-factor and changes to the flight-staff's procedures as well as equipment on the plane.)

How could they have still happened? I mean the body scanner, the groping, all of that! Just ask Adam Savage. (Won't link to it, it's already in this thread a few times.)
 
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