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The Department of Homeland Security announced on July 20, 2010, that the agency is spending additional funds from the American Recovery and Reinvestment Act to put more controversial full body scans into 28 more US airports.

The body scanner machines use radiation on air travelers, sending an image of the traveler naked to staff working for the Transportation Security Administration (TSA).

The Electronic Privacy Information Center, EPIC, filed two petitions with the TSA, on May 31, 2009, and on April 21, 2010. The TSA took no action regarding the first petition, and issued an order on May 28, 2010, refusing to process the second.

Emergency Motion for Stay of Agency Rule

EPIC argues that besides the TSA violations of the Fourth Amendment of the US Constitution, the TSA is implementing technology that does not detect powdered explosives, such as the PETN associated with the December 25, 2009 attempted bombing, and the body scanners subject air travelers to an "intrusive, degrading digital strip search as mandatory, primary screening."

The Fourth Amendment states: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

DHS Announced an Increase in Deployment of Body Scanners at Airports

According to DHS Secretary Janet Napolitano in a July 20, 2010 communication:

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