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Indecent exposure laws prevent an unwilling participant (or child) from viewing nudity in places in which nudity is not permitted. It's about expectation and these laws protect the expectation of the general public from being exposed to something they don't want to see.

You are agreeing to allow the scan in exchange for using the TSA's airport and they are agreeing to stare at your naked body in exchange for declaring you a safe passenger. It's a legal bond that you agree to upon purchase of the ticket and if at any time you decide to cancel the agreement, you are entitled to a refund.

The body scans are also legal from a personal privacy standpoint because you wave your right to personal privacy in exchange for using the airport. Since usage of the airport is not a right, the government and the airport administrators can place any restriction they so choose on the usage of the building.

It would only be a violation if the scan was in plain view of the public and only if viewing the scans were NOT a condition of accessing the building and would only be actionable by the people viewing the scanner image not the person being viewed.

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Q: Is Transportation Security Administration full body viewing in violation of camera indecent exposure laws?
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