• Heritage Action
  • More
Return to Rule of Law Initiative

Overcriminalization

"Overcriminalization" describes the trends in America - and particulary in Congress - to use the criminal law to "solve" every problem, punish every mistake (instead of making proper use of civil penalties), and coerce Americans into conforming their behavior to satisfy social engineering objectives.

HR 685: Checkpoint Images Protection Act of 2011

Official Title

To amend title 18, United States Code, to criminalize the unauthorized recording and distribution of security screening images of individuals created by advanced imaging technology utilized by the Transportation Security Administration or other Federal authority, require the Transportation Security Administration to disable image retention capabilities of advanced imaging technology, and for other purposes.

Analysis

This bill is similar in substance to Senate Amendment 58 that has been proposed for S. 223, the FAA Air Transportation Modernization and Safety Improvement Act. H.R. 685 would make it a criminal violation for an unauthorized individual to “knowingly” photograph, record, or distribute any images produced using “advanced imaging technology during the screening of an individual at an airport, or upon entry into any building owned or operated by the Federal Government.” A narrow exception to this prohibition is provided for the use or distribution of protected images in conjunction with a criminal investigation or prosecution or in an investigation related to foreign intelligence or a threat to national security. Violators of this amendment’s prohibition would be subject to criminal sanctions of up to one year imprisonment, fines under Title 18 of the U.S. Code, or both.

Legislation Details
SPONSOR

Jackson-Lee (D - TX)

STATUS:

02/16/2011: Referred to House Transportation Security Subcommittee
02/14/2011: Referred to House Homeland Security Committee
02/14/2011: Introduced in House