I was recently asked by my boss to travel to the San Jose area. Problem is, I have a personal moral and legal objection to the procedures being pursued by the TSA at certain airports, notably San Jose, Oakland, and San Francisco International airports (referring to the so-called “enhanced pat-down” procedure as well as the use of body imaging gear). I would be willing to fly in elsewhere and then drive to my destination if needed. I don't know what ripples my objection will have, but I am committed to my principles.
I object on the grounds of a clear and obvious fourth amendment conflict.
Regarding solutions: I would not object to a dog in the vicinity with "eyes on" (and nose), though again on principle he should not be doing a direct search of me. If the trained dog smells something suspicious just in the vicinity and believes it is coming from me, then that is likely probable cause for a genuine search (in the vein of "in plain sight" (smell is surely equally valid).
Dogs, profiling, and accepting risk -- nobody can make you 100% safe, even if you give up 100% of your libert -- are all good.
Probably the right solution is to get this airline safety function out of the hands of a federal bureaucracy and put it in the hands of the airlines -- they're not encumbered by limits such as the fourth amendment, and any business I do with them is on the basis of a voluntary contract between two parties.
If America West does backscatter and I don't like it, then I can fly Southwest. If Southwest does profiling, but I'm okay with that, then there you have it. If lots of TWA flights are falling from the sky because of ineffective *private* security or maintenance, then guess what: I'm going to fly with someone else.
Problems solved: I can research ahead of time who has an acceptable security measures, risk, convenience and cost, and I (an informed adult) can make a decision.
My only requirement is that the airlines give full disclosure on those characteristics and not misinform.
"Government is not the solution to the problem. It is the problem." - Ronald Reagan
"If you are not willing to be the guarantor of your own protection, then there is nothing any government can do to protect you." - Me.
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