X-Rated X-Ray Invades Privacy Rights

• Published date: 01 December 2001
• Date: 01 December 2001
• DOI: 10.1177/0887403401012004005
• Subject Matter: Journal Article

CRIMINALJUSTICEPOLICYREVIEW/December 2001Murphy,Wilds/X-RATEDX-RAYINVADESPRIVACYRIGHTS

X-Rated X-Ray Invades

Privacy Rights

Michael C. Murphy

Langston University at

Oklahoma State University, Tulsa

Michael R. Wilds

Northeastern State University at

Oklahoma State University, Tulsa

X-rated X-ray machines utilizing backscatter technology arestrip-searching unsus-

pecting 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’schest or measuring the depth of a woman’s

navel. At the same time the machines are checkingfor 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 invasivenessof 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 degreeof intrusion upon

the privacy rights of the individual. The article concludes by framing the legal argu-

ments within an analysis of the opportunity costs associated with implementation of

the X-rated X-ray devices.

Scientific advances in technology are rapidly rendering traditional barriers

of privacyobsolete. For example, parabolic microphones can detect conver-

sations through closed windows from a distance of two blocks. Thermal

imaging can detect body images behind concrete walls. Vapor sensors can

detect alcohol on a driver’s breath from a distance of 3 feet. And most

recently, X-rated X-ray machines are strip-searching travelers as they pass

through customs and security checkpoints at our nation’s borders and air-

ports (Turay, 2000).

Using what is known as backscatter technology, these X-ray machines

project low-power doses of X-ray energy at travelers who are suspected of

333

Criminal Justice PolicyReview, Volume12, Number 4, December 2001 333-343

© 2001 Sage Publications