[ed. bold]Chaffetz [ed. Utah Congressman], who is working on legislation aimed at limiting the use of the backscatter body scanners in airports, says the vans need restrictions.
"There's an appropriate use for these machines -- at ports for instance, coming across the border and inspecting vehicles, hostage situations. But[ed. bold] the company that develops these vans says they've sold more than 500 of these roving vans and I don't know who's purchased them," he said. "I think we need to know."
But it's hard to know exactly who owns ZBVs (ed., American Science and Engineering, Inc's model name for their backscatter van aka as Z Backscatter Van), because AS&E has never fully disclosed its buyers.
"Due to the highly sensitive nature of the markets that our products serve, AS&E respects the individual requests of our customers to be confidential," the company says on its website.
In a June 2009 press release the company said it sold 400 ZBVs to 85 customers in 46 countries. The company has since raised that number to 500, saying some of those purchases are now going to local U.S. law enforcement agencies.
A search of the site and additional company press releases showed that its clients include:
- U.S. Customs and Border Protection
- U.S. Transportation Security Administration
- U.S. Domestic Nuclear Detection Office
- U.S. Department of Defense, including U.S. Navy, U.S. Air Force, and U.S. Marines
- North Atlantic Treaty Organization
- Royal Thai Police
- HM Customs & Excise (U.K.)
- New Zealand Customs Service
- Hong Kong Customs
- Singapore's Immigration and Checkpoints Authority
- National Customs Agency of Bulgaria
Other releases are more vague, however, identifying the purchasers only as "the U.S government," a "Latin American customs agency," an "international government agency," "U.S. law enforcement officials," a "South American government," a "Middle Eastern country," a "Middle Eastern government," a "Middle East government agency," a "Middle East law enforcement agency," a "South American law enforcement agency," a "new African customer," a "European Union (EU) and an Asia Pacific (APAC) client," and a "Middle Eastern customer."
That ambiguity has Chaffetz worried.
"In a hostage situation you want to be able to peer into the house, I buy that," Chaffetz said. "But in the hands of a private individual? That scares the living daylights out of me.
<snip>
[ed. bold] FoxNews.com asked police departments in the Department of Homeland Security's five highest-ranked terror risk areas -- New York, Los Angeles, Washington, D.C., San Francisco and Chicago -- if they use ZBVs. The New York Police Department confirmed it does but wouldn't say how.
"Yes, we do utilize this technology; however, we're unable to divulge any specifics of the use due to confidentiality concerns," Det. Cheryl Crispin of the NYPD told FoxNews.com.
San Francisco PD said they do not use the vans. The other departments did not respond.
[ed. bold]Constitution Attorney Noel Francisco says most, if not all, state privacy laws would prohibit individuals or private companies from abusing the vans, while the Fourth Amendment prohibits law enforcement agencies from doing the same.
"If you take this thing and point it at somebody's house or point it at somebody's car, you're engaging in a search of that individual," Francisco said. "You can't do that without a warrant or probable cause."
But since it's virtually impossible to detect a ZBV search, Francisco said the law would be harder to enforce, raising the need for more guidelines.
"It's certainly very useful for certain types of things, like anti-terror detection, but we may want to put into place some kind of guidelines on where and when they can use that. Much like wiretapping," he said.
Another issue with the machines is their potential health hazards.
"So long as a person is somewhere away, like tens of feet, the dose isn't that high, it's very, very low indeed," Arizona State University Professor Peter Rez, an expert in radiation physics, told FoxNews.com. But if a person were to walk next to the van while it was scanning, Rez said, "Then I would start getting worried."
<snip>
[ed. bold]Rez says one of his students reported using a ZBV at the U.N. while he was serving in the military.
"It was a secondary screening mechanism for trucks going into a loading dock, but it was on a public street and they were just scanning people and nobody was being told this was going on," Rez told FoxNews.com. [ed. bold]"That kind of shocked me. …I think they're being used in a more widespread manner than people would have one believe."