At a Senate oversight hearing today, Transportation Security Administration head John Pistole explained that TSA agents really do need to encounter testicular resistance when performing their newly enhanced airport pat-downs. Since switching to the new pat-downs in the last few weeks, "We have detected dozens and dozens of, let's say, 'artfully concealed objects'" that could pose a risk to flight, said Pistole.

Indeed, the government's own covert penetration testing of airports showed that it wasn't difficult to get contraband into airports under the old regime, thanks in large part to this "artful concealment." Those tests showed that the US was "not being thorough enough in our pat-downs," said Pistole. When combined with 2009's "underwear bomber" case, it became clear to TSA that something much more aggressive (though short of a cavity search) would be required.

Pistole faced surprisingly gentle questioning from senators of both parties, even though most admitted that their own phones were ringing off the hook on the issue. "We're getting hundreds of calls," said Sen. Jim DeMint (R-SC). The public is "significantly upset," said Sen. Johnny Isakson (R-GA), adding that much of the outrage focused on children being searched.

Pistole said he "understood" the concern (and he added that children under 12 weren't subject to the enhanced pat-down). When one senator asked if this "understanding" meant changes were coming, Pistole was direct. "Am I going to change the policies? No."

Indeed, TSA is moving ahead with its controversial AIT scanning program, which can see through clothing. 385 millimeter wave (radio) and backscatter (X-ray) scanners are deployed right now at US airports, but by the end of 2011, that number will jump to 1,000 machines.

But TSA is working with private companies on a software upgrade to the machines, one that will render the human body itself more like a stick figure than a realistic image, and one that could automatically highlight areas of concern.

The system, called "Automated Target Recognition," doesn't work yet; it still produces too many false positives. But Pistole hopes to have something operational within months, and said in his opening statement that "this capability would make screening more efficient and would eliminate most privacy concerns about the technology."

But for now, it's nude body scans and/or "enhanced" pat-downs (yes, the unlucky can actually get both, as one senator lamented). With the busiest travel season in the US approaching, what happens to those who encounter the new regime and object?

Junk touching

That was case with John Tyner, a San Diego man who refused AIT screening on a recent flight and so was led over for a pat-down. He refused, telling the TSA agent that he would have him arrested if the man touched "my junk." He also recorded the encounter, which has since gone viral.

Tyner was escorted from the airport after his refusal to be screened, though a TSA supervisor informed him that he could actually face a $10,000 civil penalty for refusing to complete a screening. (The TSA wants to avoid a scenario in which miscreants could repeatedly try to penetrate security but then simply leave the airport if selected for an AIT scan or pat-down).

Pistole was asked about the Tyner case this morning. "I hope we won't go overboard if someone decides they have a right to their privacy," said Sen. Kay Bailey Hutchison (R-TX).

Pistole agreed, saying that TSA fines have historically only been handed out when someone was caught smuggling contraband into an airport. While he would wait for all the facts to come in before making a decision on Tyner, Pistole made it clear that no action was likely to be taken.