It will be illegal to spoof the TSa

mikea

Touchdown! Greaser!
Gone West
Joined
Feb 12, 2005
Messages
16,975
Location
Lake County, IL
Display Name
iWin
Home Airfield
C81
Hey lawyers!
Coming soon: felony to satirize TSA?

Overcriminalization alert: a Republican House member has introduced HR 3011, which would make it a felony to

without written permission, use the words, acronyms, or symbols of those agencies on apparel or in a publication "in a matter that is reasonably calculated to convey the impression that the wearer of the item of apparel is acting pursuant to the legal authority of" the agencies or "to convey the impression" that the written materials "is approved, endorsed, or authorized by" the agencies.

While courts have previously held that satire does not violate trademarks, there is certainly a risk of a chilling effect if a future Justice Department decides not to have a sense of humor, since there is no explicit exception in the statute for parodies.
http://www.pointoflaw.com/archives/2011/10/coming-soon-fel.php

So we can have cop shows but not TSA not-a-cop shows.
 
Seriously people...this stuff is not that difficult to verify before taking an e-mail and forwarding.

HR 3011 is the TSA Reauthorization (funding) bill...

Here's the section referenced:
‘Whoever, except with the written permission of the Assistant Secretary for Transportation Security (or the Director of the Federal Air Marshal Service for issues involving the Federal Air Marshal Service), knowingly uses the words ‘Transportation Security Administration’, ‘United States Transportation Security Administration’, ‘Federal Air Marshal Service’, ‘United States Federal Air Marshal Service’, ‘Federal Air Marshals’, the initials ‘T.S.A.’, ‘F.A.M.S.’, ‘F.A.M.’, or any colorable imitation of such words or initials, or the likeness of a Transportation Security Administration or Federal Air Marshal Service badge, logo, or insignia on any item of apparel, in connection with any advertisement, circular, book, pamphlet, software, or other publication, or with any play, motion picture, broadcast, telecast, or other production, in a matter that is reasonably calculated to convey the impression that the wearer of the item of apparel is acting pursuant to the legal authority of the Transportation Security Administration or Federal Air Marshal Service, or to convey the impression that such advertisement, circular, book, pamphlet, software, or other publication, or such play, motion picture, broadcast, telecast, or other production, is approved, endorsed, or authorized by the Transportation Security Administration or Federal Air Marshal Service;’.

This would prevent you from selling a bag that is "TSA Approved", not stop you from satirizing the TSA.

It doesn't need an exception for parodies, as it doesn't cover them. If you're trying to pass yourself off as a TSA screener or FAM, then you have an issue. Otherwise, the law does not apply.
 
BTW, this bill also contains provisions like the following:

(1) IN GENERAL- A child shall not be subject to pat-down screening before boarding a passenger aircraft

Or how bout:
Not later than 30 days after the date of the enactment of this Act, the Assistant Secretary shall certify to the Committee on Homeland Security of the House of Representatives and the Commiittee on Commerce, Science, and Transportation of the Senate that, in order to improve airport security screening processes while ensuring passenger privacy protection, the image retention capabilities of all advanced imaging technology utilized by the Administration to screen passengers at checkpoints in the Nation’s airports have been disabled.

or
(5) RULEMAKING REQUIRED- Any regulation or security directive issued under paragraph (2) that remains effective, with or without revision, for a period of more than 180 days shall be subject to a rulemaking pursuant to subchapter II of chapter 5 of title 5
(BTW, this would prohibit rules like requiring ramp passes at airports being done as "Security Directives")

Review Required- Not later than 270 days after the enactment of this Act, the Assistant Secretary shall conduct and complete a comprehensive, agency-wide efficiency review of the Administration to identify and effectuate spending reductions and administrative savings through the streamlining and any necessary restructuring of agency divisions to make the agency more efficient.

The Assistant Secretary shall--
(1) collect information regarding the electromagnetic emission output of passenger screening equipment deployed by the Administration at airport checkpoints and, within 30 days of receipt, verify the accuracy of any evaluations or reports provided to the Administration relating to such output;
(2) not later than 90 days after the date of the enactment of this Act, submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a summary of the information collected under paragraph (1) and the results of any verification conducted under that paragraph.

SEC. 289. ELECTROMAGNETIC EMISSIONS EXPOSURE ASSESSMENT.
(a) In General- Not later than 90 days after the date of the enactment of this Act, the Assistant Secretary shall execute an agreement with an independent third party under which the independent third party shall carry out a study of radiation exposure resulting from screening equipment used by the Administration to screen passengers and baggage at commercial service airports.
(b) Study- The study shall be conducted for not less than 90 consecutive days during periods of operation in the operating environments of multiple commercial service airports and include consideration of--
(1) whether passenger and baggage screening equipment results in screened passengers being exposed to radiation above acceptable levels;
(2) whether passenger and baggage screening equipment results in bystanders being exposed to radiation above acceptable levels; and
(3) any other factors relating to radiation exposure identified by the independent third party.
(c) Report- Not later than 180 days after the conclusion of the study, the independent third party shall submit to the Assistant Secretary and the appropriate congressional committees a report containing its findings and recommendations regarding the study under subsection (b), including recommendations with respect to whether transportation security officers should wear a dosimeter for the purpose of continuous monitoring of radiation exposure resulting from passenger screening equipment.

How'd you like to be able to get into TFRs:
Not later than one year after the date of the enactment of this Act, the Assistant Secretary shall develop security procedures and protocols to enable general aviation operators that are subject to security programs administered by the Administration to obtain access to airspace during temporary flight restrictions, to the extent that such access does not affect security.

So, yeah...we better get on board and defeat this bill because it will make it a crime to pass yourself off as a TSA agent with the intent to deceive.
 
You do know that the various authorities were ordered by law to justify the need for Washington DC ADIZ and the procedures thereof within one year... about ten years ago now?
 
Last edited:
You do know that the various authorities were ordered by law to justify the need for Washington DC ADIZ and the procedures thereof within one year... about ten years ago now?

And FAA is starting the process of grabbing more airspace - er, redesigning the Washington Class B airspace.....
 
And FAA is starting the process of grabbing more airspace - er, redesigning the Washington Class B airspace.....

Are there any thoughts as to what the changes will be, and what it will look like?
 
Back
Top