Memo to media: Private screening companies won't save you from pat downs

The right-wing have seized on TSA's new, more invasive passenger screening measurements to amp up calls to replace TSA with private scanners. But they seem to be ignoring one thing--private scanners would have to abide rules that TSA set, meaning, privatizing airport security would change nothing about the procedures to which they object. Instead, it will just put us back on a path where private companies exploit airport security to make a profit, at the expense of our security.

The TSA was created in the Aviation and Transportation Security Act of 2001, which was passed in the wake of the 9-11 attacks. According to the legislation, airport operators have had the option, since 2003, of opting out of the program in favor of a “qualified private screening company under a contract entered into with the Under Secretary [of Transportation for Security].” But to be qualified to conduct screenings at airports, the Under Secretary must certify that, among other things, the private firms will conduct a “level of screening services and protection” that is “equal to or greater than the level that would be provided” by federal employees. From the Aviation and Transportation Security Act of 2001:

''§ 44920. Security screening opt-out program

''(a) IN GENERAL.--On or after the last day of the 2-year period beginning on the date on which the Under Secretary transmits to Congress the certification required by section 110(c) of the Aviation

and Transportation Security Act, an operator of an airport may submit to the Under Secretary an application to have the screening of passengers and property at the airport under section 44901 to be carried out by the screening personnel of a qualified private screening company under a contract entered into with the Under Secretary.

[...]

''(d) STANDARDS FOR PRIVATE SCREENING COMPANIES.--The Under Secretary may enter into a contract with a private screening company to provide screening at an airport under this section only if the Under Secretary determines and certifies to Congress that--

''(1) the level of screening services and protection provided at the airport under the contract will be equal to or greater than the level that would be provided at the airport by Federal Government personnel under this chapter; and

''(2) the private screening company is owned and controlled by a citizen of the United States, to the extent that the Under Secretary determines that there are private screening companies owned and controlled by such citizens.

TSA also reports that they “set the security protocols and standards for all commercial airports nationwide,” including airports that use private firms to provide their airport security.

While many on the right have complained that TSA isn't handling privacy issues appropriately, it's not as if private firms have the best track record safeguarding private information. The Privacy Rights Clearinghouse shows thousands of security breaches in the last five years, many of which have allowed hackers access to private information, such as credit card numbers, social security numbers, and other sensitive information. A study conducted in 2008 showed that the security breaches at America Online in 2004, CardSystems in 2005, and TJX Companies in 2007 leaked somewhere in the vicinity of 110 million personal records.