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You prefer a pat-down to the electronic strip search? We’ll see about that

Enough people are objecting to the backscatter body scanners at airports that the TSA is finally reacting — by making pat-downs so much more intrusive that you’ll actually prefer to show TSA agents your private parts. From The Atlantic:

At BWI, I told the officer who directed me to the back-scatter that I preferred a pat-down. I did this in order to see how effective the manual search would be. When I made this request, a number of TSA officers, to my surprise, began laughing. I asked why. One of them — the one who would eventually conduct my pat-down — said that the rules were changing shortly, and that I would soon understand why the back-scatter was preferable to the manual search.

Sorry — I dozed through the Fourth Amendment lecture

Says the Associated Press:

A Justice Department investigation has found that FBI agents, including several supervisors, cheated on an important test covering the bureau’s policies for conducting surveillance on Americans.

Justice Department Inspector General Glenn Fine said Monday that his limited review of allegations that agents improperly took the open-book test together or had access to an answer sheet has turned up “significant abuses and cheating.”

Hmmm … Is anybody actually surprised that FBI officials considered even their own bureau’s rules regarding surveillance to be unworthy of a little study?

Police state by default

I’ll say right out that Paul Karl Lukacs has bigger stones than me. When I’m going through Customs — or airport security in general — I may venture into testiness on my own behalf or run interference if my young son is getting the third degree (yes, it’s happened), but I’m generally focused on getting past the Gestapo, not on asserting my rights. So I applaud Lukacs for answering “none of your business” to a nosy Customs official when questioned about his overseas trip. His experience went like this:

“Why were you in China?” asked the passport control officer, a woman with the appearance and disposition of a prison matron.

“None of your business,” I said.

Her eyes widened in disbelief.

“Excuse me?” she asked.

“I’m not going to be interrogated as a pre-condition of re-entering my own country,” I said.

This did not go over well. She asked a series of questions, such as how long I had been in China, whether I was there on personal business or commercial business, etc. I stood silently. She said that her questions were mandated by Congress and that I should complain to Congress instead of refusing to cooperate with her.

She asked me to take one of my small bags off her counter. I complied.

She picked up the phone and told someone I “was refusing to cooperate at all.” This was incorrect. I had presented her with proof of citizenship (a U.S. passport) and had moved the bag when she asked. What I was refusing to do was answer her questions.

Ultimately, Lukacs was allowed to go on his way because Americans really don’t have to do anything but show a customs declaration and proof of citizenship in order to re-enter the country. Of course he had to cool his heels first because … well, just because. He hadn’t respected their authoritah, after all.

It makes you think …

There are a lot of protections against official nosiness and pushiness on the books or in our legal traditions that go relatively unused. They go unused, of course, because officialdom makes it increasingly unpleasant to assert those rights. If the cost of telling a police officer to mind his manners is a strip search and a night in the lock-up, followed only months later by a lukewarm apology and an off-hand acknowledgment that you were in the right, many people simply stop telling cops where to get off. Even the occasional cash settlement isn’t going to be worth it for the average person. As time goes on, we forget what our rights are, and officials are trained in procedures rather than the legal scope of their authority. Eventually, the rights in question may still exist on the books, but largely as quaint museum-quality exhibits.

And then you run across the occasional Paul Karl Lukacs, willing to take a figurative bullet in the hopes that one of the gray-haired supervisors remembers a few vestigial legalisms.

So the question is … Is it a tactic on the part of officialdom to expand their power? Or is it more of a case of institutional mission-creep, fueled by our own timidity and laziness?

Either way, our rights become meaningless if we abandon them because it becomes a hassle to assert them.

And note that not a single statute is altered along the way to changing the balance of power between the folks wielding the power of the state and the rest of us.

Congressman assaults questioner

Don’t get above yourself and think you can pose questions to your rulers — not unless you want a smackdown. See Congressman Bob Etheridge in action on the streets of Washington, D.C., grabbing a young interviewer by the arm and then by the neck.