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ELECTRONIC PRIVACY INFO. v. DEPT. OF HOMELAND SEC.

No. 10-1157.

653 F.3d 1 (2011)

ELECTRONIC PRIVACY INFORMATION CENTER, et al., Petitioners v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY, et al., Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided July 15, 2011.

Attorney(s) appearing for the Case

Marc Rotenberg argued the cause for petitioners. With him on the briefs was John Verdi .

Beth S. Brinkmann , Deputy Assistant Attorney General, U.S. Department of Justice, argued the cause for respondents. On the briefs were Douglas N. Letter and John S. Koppel , Attorneys.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

The Electronic Privacy Information Center (EPIC) and two individuals petition for review of a decision by the Transportation Security Administration to screen airline passengers by using advanced imaging technology instead of magnetometers. They argue this use of AIT violates various federal statutes and the Fourth Amendment to the Constitution of the United States and, in any event, should have been...

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