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KyJim, that's definitely a concern if this technology goes forward. Hopefully the courts will see fit to not think the distinction is enough to uphold the use of the technology.
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Well, other than the visible spectrum (which is visible, obviously), the boundaries between the various regions of the electromagnetic spectrum are largely man-made and arbitrary. This technology works on the same basic principle as night-vision equipment and thermal imagers, just at even longer wavelengths. If anything, the wavelengths being detected by these scanners are even further outside the range of normal human perception, so I think the same arguments will hold.
The "in public" versus "inside your own home" aspect does concern me, though.
EDIT - got my posters confused. I was responding to Al's point that the courts haven't specifically addressed terahertz imaging yet.