A New York City lawmaker on Thursday introduced legislation to prohibit the TSA from using its advanced body scanners at New York airports, including JFK, the busiest international airport in the country.

Democratic councilman David Greenfield says six fellow council members have signed onto the proposal, which comes amid growing unease over the so-called Advanced Imaging Technology scanners, which allow airport screeners to see beneath a traveler's clothes.

Critics of the screening have already called for a National Opt-Out day on Nov. 24, traditionally the busiest travel day of the year, to protest the scans, and privacy groups like the Electronic Privacy Information Center are seeking a federal court order to halt the use of the scanners.

Now Greenfield hopes to set off a chain of local legislative action around the country, starting with New York. His legislation would ban the used of the devices anywhere in the New York, including the airports. "We're not opting out of screening altogether," Greenfield told Threat Level. "We're simply banning one type of screening that hasn't proven effective."

As of last month, 341 of the scanners were in use in more than 65 airports around the United States, and total number machines is expected to near 1,000 by the end of year, according to TSA.

The imagery from the devices are viewed by screeners in an isolated room, away from the checkpoint, but privacy concerns are mounting as more Americans encounter the scanners. Travelers are allowed to opt out of the electronic strip search, but under new TSA policies they must then accept an aggressive pat-down instead.

"It violates the privacy of everyone, including small children who go through these scans," said Greenfield. "Which is really outrageous when you think about that."

Greenfield argues that the technology is unsafe, and of dubious security value. A March report from the GAO found that such scanners might not have detected the hidden explosive used by "underwear bomber" Umar Farouk Abdulmutallab in his failed Christmas day attack on a Northwest flight from Amsterdam to Detroit last year. And, though the TSA says the scanners are safe, some medical experts have voiced health concerns over the long-term effect of the backscatter technology used by about half the machines.

Federal law gives the TSA jurisdiction over airline security, but Greenfield says he believes the city has the authority to prohibit a particular type of screening.

"The city owns the airports," says Greenfield. "They're operated by the Port Authority.... Hopefully we'll get the law passed soon, and if the TSA disagrees with us they can sue us."

The TSA had no immediate comment Thursday.

See Also: