X-Rated X-Ray Invades Privacy Rights

Abstract

X-rated X-ray machines utilizing backscatter technology are strip-searching unsuspecting travelers as they pass through our nation's border and airport checkpoints. These machines not only check for explosives, drugs, or other contraband, but also are capable of counting hairs on a man's chest or measuring the depth of a woman's navel. At the same time the machines are checking for contraband, they can produce an X-rated image comparable in quality to those found in Playboy magazine. This article focuses on the efficacy of the device, the need to protect society, and individual privacy rights in light of the boundaries provided by Fourth Amendment search and seizure laws. Supporting arguments advanced for use of backscatter technology include (a) the enhanced security to society, (b) reduced invasiveness of the search, and (c) the reduction in health risks associated with the use of the devices. Opposing arguments focus upon the slippery slope and unacceptable degree of intrusion upon the privacy rights of the individual. The article concludes by framing the legal arguments within an analysis of the opportunity costs associated with implementation of the X-rated X-ray devices.