Filing Your Own Suit

I’ve had several requests for the Word versions of my legal documents so that people can file their own suit against the TSA.  I’m not an attorney and can’t give you legal advice (so nothing in this blog should be construed as such), but since my suit only asks for an injunction rather than for money, it seems to me that filing additional suits asking for the TSA to be enjoined from their behavior won’t make things go any faster.  In other words, 1 injunction is just as good as 100.  You can believe that I’m pressing this suit forward as fast as possible, and faster and harder than any law firm would or could.

However, if you’ve been groped against your will by the TSA and want to ask for money damages, I do recommend (personally and not as an attorney) pursuing that.  Depending on what you’d like to sue for (which depends on your state’s laws), you may need to file a claim with the government before filing a suit, as the government is entitled to special rules when it comes to suing them.  (Note that my suit uses the US Constitution as the basis for its claim, instead of state or federal law, which allows me to bypass some of those special rules, as no rules are above the Constitution!  If only the TSA understood this…)

A quick Google search for “How to sue the United States” is a good place to start.  Take everything with a grain of salt, because law is not an exact science, and the Internet makes for a poorly controlled laboratory.   If you can afford it or find free one, a lawyer is great, especially if you haven’t ever filed a suit before, since you’ll end up with the entire Department of Justice working against you.

But, if you’re willing to do the research and want to do it yourself, I’d go for it.  I’m a firm believer that any determined citizen can petition the government for a redress of his or her grievances without an attorney.  After you figure out your cause of action (what you want to sue them for) and figure out any special obstacles you may encounter because you’re suing the US (including and especially, the proper party to sue: the US?  DHS?  Big Sis, in her official capacity?  …or as an individual?  …or the screener who molested you?  etc.), you’ll also want to read the current Federal Rules of Civil Procedure, which is essentially a guide to the rules of lawsuits in federal court.  It won’t teach you what to say, but it will tell you when and how you should (or must) say it.

As always, if I can be of any assistance to you in your struggle for your rights, please let me know, and definitely let me know if you file a suit, as I’d love to watch it progress!

–Jon

Another TSA Abuse of Privacy

Thank you all so much for the support I’ve received over the last few days!  It’s been incredible, and I really hope I’m able to help us all with this suit.

I’d like to point out one more abuse of privacy involving the TSA as well as US Customs, which I’ve read stories of several times before, including this one today:

http://www.wired.com/threatlevel/2010/11/hacker-border-search/

In brief summary, the US maintains lists of people whom it would like to search, but ordinarily has no right to and is unable to get a warrant to do so.  It then waits for these people to take an international flight and detains them, searching them there because the law allows for additional rights to search at the border.  However, these searches are not to find dangerous items that may bring down a plane, but rather are targeted at the contents of laptops and cell phones.  That’s right — the US has the “right” to read all your e-mails, look at your pictures with your wife, and copy down every text message that you’ve ever sent.

Luckily, we don’t need a lawsuit to protect ourselves against this type of intrusion, but even simpler: the proper use of encryption.  Encryption is technology that allows you to password-protect your data in a way that makes it unreadable without the password.  Crime TV shows generally portray the government as being able to crack encryption, but if done right, your data cannot be read even by the techs at government crime labs.

One piece of software that does it right is both free and particularly user friendly, called TrueCrypt.  All one needs to do is install and complete the process to encrypt the “system drive.”  Thereafter, all of your “My Documents” folder, browsing history and favorites, e-mail that has been temporarily saved (“cached”) to your computer, and more will be protected from even the most sophisticated prying eyes.

I’ve instructed the support team at my software & networking company, FourTen Technologies, Inc., to assist anyone who needs technical support for installing TrueCrypt at no charge by e-mail.  If the help on TrueCrypt’s Web site isn’t enough to get you going, just e-mail support [at] fourtentech.com for assistance (provided as we have availability and without warranty — but free ).

–Jon

Why I Filed Suit Against the TSA

My name is Jon, and I’m an entrepreneur and a frequent traveler, both for my businesses and for personal travel.  My largest business works in technology, and quite simply, I need to fly to maintain my customer relationships.  About 2 weeks ago, the TSA introduced new screening policies at airport checkpoints all over the country.  To put it bluntly, travelers are given a choice between letting the TSA photgraph or touch your private parts.

The nude body scanners (also known as “AIT devices,” “backscatter x-rays,” and by at least one TSA agent, a “dick measuring device”) produce clear and graphic images of ones body.  The TSA justifies this by saying, “Well, only one person gets to see it, and he’s far away and can’t save the images.”  Even if we assume this to be true, it does not make the virtual strip search any less of a virtual strip search, and doesn’t make it any more right.

If you decline the nude body scanners, the TSA requires you to submit to an “enhanced pat down,” during which they will be grabbing between your legs.  The TSA has been reported by many to have not only touched, but squeezed, lifted, and twisted the genitals, butt, and breasts of passengers for no reason other than that they purchased an air ticket.

The incidences of this have been plenty, and a simple Google or YouTube search will turn up plenty of results.  In one of the more troubling cases, a man recently declined to allow the TSA to touch “his junk” and was threatened with a $10,000 fine for non-compliance.

This afternoon, I filed lawsuit in Federal court in Miami requesting an injunction against the TSA to prevent them from touching or photographing our private areas without any reasonable suspicion.  Having grown up in New York and personally seeing the smoke rise from the towers that morning in 2001, I know the threat of terrorism is real, and I know we must defend ourselves.  This does not mean that the Constitution should be ignored, and indeed, the TSA has plenty of alternative screening procedures that are less invasive.  Besides the privacy issue, there have been health issues raised as to the radiation produced by the imaging devices, as well as efficacy issues, with no good studies having been done to show that this imagery makes us any safer.

The best defense for an airplane is the travelers, who I’m confident post-9/11 would stand up and beat the crap out of anyone who tried to hijack a plane.  Indeed, the passengers of aircraft since 9/11 have stopped multiple terrorist attacks, while I know of not one time that the TSA has stopped a terrorist with an explosive from going through security.  So, I urge the TSA to not make us feel like criminals or try to force us to be submissive to their sexual assaults, as we, not you, are the last line of defense on that plane.

My lawsuit asks for no money damages and is entirely self-funded.  I expect it will end up being expensive and if you would like to make a donation, you can send it via PayPal (e-mail below), but the more important donation is for you to write to and call your legislators, and if travelling, refuse to allow the government to photograph or touch you (and your family) in a way that makes you uncomfortable.  Please don’t let the government treat you like this.  By standing up for yourself, you stand up for all of us.

The case is Corbett v. US, 10-CV-24106, filed in US District Court for the Southern District of Florida.  If you are an attorney interested in assisting, please also feel free to contact me.

Thanks for reading,

–Jon
jon [at] fourtentech.com

Corbett v. US – Complaint (.pdf)