when john tiner hit record at 6:00 a.m. saturday with his cell phone camera face up and the x-ray machine at san diego's airport, he was anticipating a showdown with the tsa. having refused a full body imaging scan, he would have to go through the new tsa pat-down. >> also we're going to be doing a groin check. that meaning we're going to place my hand on your hip and groin and slowly go up and slide down. >> reporter: tiner said no. >> we can do that out here. but if you touch my junk, i'm going to have you arrested. >> reporter: one supporter wrote, civil rights icon rosa parks would be proud. >> i don't want some random stranger looking at my naked body. my traveling about the country by plane doesn't seem to warrant that by me. >> reporter: his rant has truck a pop ulist cord, though. since 9/11, the tsa strategies have evolved to respond to the failed shoe and underwear bombing attempts. and the traveling public is divided on the security versus privacy debate. from dallas -- >> if it protects everybody, i don't care.

. >> reporter: that is why john tiner was escorted out of lindbergh field. >> they asked me to go through the scanner and i said i don't think so. >> reporter: there has been a backlash against the use of the naked body scanner. many argue the machines arely too invasive and possibly harmful for the body. john's smart phone recorded what happened next. >> i am going to place my hand on your hips and your uner thigh and slowly go up. two times in the front and two times in the back. >> if you touch my junk, you're going to be arrested. >> reporter: tuner was escorted out of security. he said american airlines gave him a refund but another higher hundred told him. >> as i was trying to leave and the super's, supervisor's supervisor came over and told me i needed to go back through security because it was against federal law to start the security process and not finish it. >> reporter: tiner's phone recorded that incident action before he left the airport. >> it will be better for you when we bring the case against you that we are going to bring that you cooperate. >> you bring that case. >>

tiner disagrees. >> i don't think that needs to be a condition for people to fly.cy is not something i'm prepared to do. >> well, tiner never made it on that plane. supervisors were called in and he says he's now facing a $10,000 fine and a civil suit. janet napolitano is jumping into the fray and says each and every one of the security measures we implement serves an important goal and is asking for passengers to be more patient. that brings us to today's blog question. . we asked you, are you planning to opt out from using the body scanners during your holiday travel? are you a frequent traveller who doesn't like to do that? donna writes, we all know the new rules, if you don't want to abide by them, stay out of line. sadly, it will only take one down flight for everything on this issue to go away. fred says, i'll not allow my wife and daughters' naked bodies to be viewed. i will not allow a stranger to grope my wife and young daughters. we cancelled our flights for the holidays until the changes will drive. i'd rather have the scan. it seems the lesser of two ev

. >> john tiner refused to be patted down or go through a scanning machine. he was threatened a $10,000 fine so he posted this on the interinternet. homeland security secretary janet napolitano says procedures are necessary to prevent terrorist attacks. >> we're not doing this just to do it. we're doing it because we need to keep powders and gels and liquides off planes unauthorized as we need to keep metals off planes. >> travelers complained scanners unsafe and invasive. the pat downs include touching inner thighs and feeling buttocks, too personal. >> two people were found dead in a burning van today along highway 152 in santa clara county. bodies have not yet been released. authorities consider the deaths suspicious. and you can see there was no damage to the van. bodies found by firefighters called in to deal with the fire. >> eight people injured today. this paratransit bus was side swiped in san francisco. the driver of the bus and a car, and six passengers were allic -- all taken to the hospital. police say the bus was making a left turn and landed on

john tiner, a would be flyer from san diego, is now know world wild as the "don't touch my junk" guy for this video that he recorded. >> we're going to be doing a groin check. that means i'm going to place my hand on your hip, other hand on your inner thigh. i'm going to do that two times in the front and two times in the back. >> all right. >> if you'd like a private screening, we can make that available for you also. >> we can do that out here, but if you touch my junk, i'm going to have you arrested. >> it was frightening. >> reporter: and there's meg mcclain, a radio talk show host who claims she was singled out and hand cupped by the tsa a moment captured on video, because she pushed back against the new security. >> they use fingers. they feel around your breasts. and, it's just completely dehumanizing. >> reporter: and then, there's the 3-year-old. >> stop touching me! >> reporter: a youtube video of a 3-year-old, upset about having her teddy bear x-rayed while the tsa patted her down is for some, the perfect example of airport security run amuck. even though this isn't part o

and the tsa plans to be tough on tiner. >> we'll look at the incident from start to finish as to what occurred and the potential, the actual civil penalties could go as high as $11,000. >> reporter: homeland security officials say they plan to listen to passenger ideas on how to improve the procedures. but with the backlash from passengers growing, they may hear a lot. kendis gibson, cbs news, los angeles. >>> new testimony in the elizabeth smart kidnapping trial in salt lake city gave jurors plenty to think about. yesterday, they watched a video of accused kidnapper brian david mitchell being questioned by police. he claims to be a religious prophet, and won't admit kidnapping smart in 2002, saying, god delivered her to him. >>> just ahead on the "morning news," the search for three people missing into ohio turns into a recovery effort. >>> plus, arrests made in a deadly high rise fire in shanghai after dozens are killed. first, though, katie couric has a preview of tonight's "cbs evening news." >> it's a conversation we often avoid. when it comes to end of life care, what do you nee

the latest incident, john tiner's confrontation in san diego over the weekend.ra. 31-year-old software engineer from california was going on a hunting trip with his father-in-law on saturday. when he refused to submit to a body scan at san diego's international airport. tyner's cell phone recorder secretly rolling, they attempted to pat him down. >> do you have anything in your pockets? >> i don't think so, they had me take it out. >> no belt, no nothing. >> no belt, no nothing. >> do you have any external or internal implants i need to know of. >> no. >> we're going to be doing the standard pat down using my hands going like this. also we're going to be doing a groin check. i'm going to place my hand on your hip, the other hand on your inner thigh and slowly go up and slide down. i'll do that two times in the front, two times in the back. >> all right. >> if you like a private screening, we can make that available for you. >> we can do that out here, but if you touch my junk, i'm going to have you arrested. >> actually -- we're going to have a supervisor here b

the head of the department is urging industry to rapidly develop detection equipment for cargo con tiners that carry -- containers that carry mostly freight. >>> the u.s. senate allies are tightening security in yemen. the bombmaker is believed to be this man, the same man who built the underwear bomb last christmas day. experts say the printer cartilages from yemen contained four times the amount of explosives contained in the christmas day bomb. both male bombs were wired to detonators were cell phone technology. >>> 7:17. iran has postponed the trial for three uc berkeley graduates charged with spying. the spokesperson said sarah shourd needs to be summoned back to iran so all three can be on trial. she was released due to health problems and is in the united states. josh fattal and shane bauer remain in iran. the trial was expected to start saturday. >>> meanwhile, the don't ask, don't tell policy will stay in effect until it works its way through the court. it was rud to leave the policy in place while the challenge on openly gay service members was said to be unconstitutional. the h

you spoke about john tiner, who set off the firestorm when he videoed his pat down or refusal of a patng investigated by the tsa for leaving out of the secured area. in the end, where do you stand on this, jane? >> well, the airline pilots association, as you mentioned, it's called being equal to sexual molestation. they've told the pilots not to submit to this the screeners because of high levels of radiation coming out of them. >> do you agree with that sexuaç molestation, jane? >> it looks pretty creepy. i haven't had it happen to me. i know mike from the commerce committee had it happen to him and was pretty angry about it. i think these senators and congress people should have to go through this. let's watch it at a congressional session and see if they like it. >> many would agree with the g language creep pi or invasive. but in the end they say it's for our security. i want to play what john pistol said during the tsa hearing just yesterday. >> so if your question is do i understand the sensitivities of people? yes. if you're asking am i going to change the policies, no. because

. >> well, john tiner previously refused the full body scanner leaving the pat-down as his only otherption. he left the airport but ended up speaking with the supervisor before he left. >> the supervisor came over, explained the whole process. i told her i wasn't comfortable with it, it seemed to amount to a sexual assault and i don't think that should be a condition for getting on the plane. >> he posted a blog by the incident. he says he's troubled by the government's ability to limit his travel because he exercised his right to privacy. the tsa hasn't commented. tell us what do you think, do you think the new airport security measures go too far? text yes or no to 97999 or vote online at wgntv.com. the results after the forecast. >>> chicago remains a convention mecca with the largest restaurants saying it will continue to meet here until 2016. the national restaurant association threatened to relocate the trade show if they didn't lower costs. legislation in springfield stepped up with new money-saving rules, it was enough for the restaurateur so they said they'd stay here. >> for

tiner who left san diego airport after refusing to undertake a full body scan, it is now being reported that he is being investigated and that he may face up to a $10,000 fine. is that the procedure? are you investigating him? >> i have learned that tsa has the administrative authority to investigate people to try to smuggle items on planes. that has been fairly common several thousand times or that has happened. i am not aware of any instance where somebody who has refused screening has been fined. i don't want to prejudge anything. i do not anticipate anything coming from that other than working with the public to tell them where the safety and security is and this is a partnership. >> i agree that it should be considered a partnership. in general, i have found and mostly i hear that beat tsa employees -- that the gsa employees are very aware of the privacy issues and sympathetic and are handling it very well. is it the policy of the agency not to find someone who decides they don't want to be screened and therefore they leave? >> it comes up for a decision very when all the facts are

in san diego, for example, which was made famous when john tiner a bid man said if it you touch my junk, i'd have you arrested, another protest today, a man named sam stripped down and refused to let the tsa pat him down. he, too, was arrested. so a lot of anger, a lot of planned protests for wednesday afternoon. second napolitano said for everybody's sake, don't do that. >> we hope people will appreciate and understand the goal, the purpose and the need for what is being country. be partners in this. >> there were calls on the internet for these planned protests, insisting on being pat down to slow everything down, slow the travel down for everybody. a lot of people calling for that on wednesday night. the tsa is saying, number one, these are as you said evolving procedures and, number two, the rhetorical question, if you had a choice of getting on two aircraft, one so which everyone had either been patted down or gop througop through a full bod skraner and one where no one had, which one would you want to get on? the answer seems to be pretty obvious which is why about 80% of people p

. >> reporter: john tiner was borning -- boarding a flight in san diego, when he was asked to go through one of the tsa's new body scanners. he said no. >> i opted out. they walked me around and explained to me that they were going to do a patdown. >> reporter: tyner refused that, too, recording the exchange with the agent on his cell phone. >> i don't understand how a sexual assault can be made on me. >> this is not considered a sexual assault. >> it would be if you weren't the government. >> reporter: that video went viral. and overnight, tyner became the public face of passenger frustration. >> i don't know. but i think it invades privacy. >> but riderath -- i'd rather be safe than not. >> reporter: scanners they say reveal too much. and the patdowns are invasive and humiliating. >> reporter: passengers have been complaining about these since they went into effect in july. but with recent cargo bomb incidents and travel about to start, officials are making no apologies about being more aggressive. >> this is all about making sure that you, your family, and your kids are safe when they

tiner who didn't want to be abused.odate passengers that don't want to be groped or radiated. >> okay. did you have a bad experience personally. is that part of what is fueling your fire? >> no, but when i heard these scanners and procedures were coming to the airport grenier me and i wanted to do something to make sure i would never be in a position where these procedure woulsd be subjected on my family. >> they say this. on the eve of a major national holiday and less than one year after ail chaika.ca's failed attack last christmas day it is irresponsibility for a group grooup to suggest travelers out out. is it irresponsible? >> what's irresponsible is tsa has failed to warn people about the radiation dangers and privacy dangers about their procedures. it has not to do with security. it's security they tore. even john micah who helped create the tsa is calling it a big kabuki dance. this is not about security. it's about fake security. they've tried these measures in other countries. it was tested in israel where the

>> they 00 one arrest in san diego, john tiner, the guy last week said you touch my junk, i'll have yout another guy named sam walak was selected out to have the additional enhanced pat down. he didn't want to have that done, so he stripped down to his bvds and said here's what i have. and they arrested him because he refused to get dressed. i don't know the status of the charges at this point, but that happened in san diego. >> i would not have gone in that direction. >> i don't think i would either, no. >> mike taibbi, thank you, we appreciate it. >>> now, president obama wants the senate to use the lame duck session of congress to pass the so-called dream act which would allow assistance for young illegal immigrants who finish two years of college or military service. politico says the president told several dedemocrats he intends to call lawmakers and let them know he's committed to reform, but wants the dream act passed before the new republican controlled house comes back in january. now, national executive director of the lead of latin america citizens and michael cutler, michael

john tiner is documenting his treatment there by tsa agents and on the video you will hear he refusesthe new full body scanners. no problem there. that is, in most cases, optional. passengers can choose a pat-down instead. i want you to listen what has when the tsa agent describes what he's about to do and as you listen read along as well. kind of hard to hear. >> also we're going to be doing a grown check. that means i'm going to place my hand on your hip, my other hand on your inner thigh, slowly go up and down. we're going to do that two times in the front and two in the back. if you would like private screening we can make that available for you also. >> we can do that out here but if you touch my junk i'm going to have you arrested. >> actually, we are going to have a supervisor here because of your statement. >> you get that? you hear that little exchange? john tyner temperatur er tells e touches him that way he will have him arrested. in that moment things change dramatically for him. through this his cell phone camera is rolling and recording all of this. now listen. this is a

had i stopped it and opted out i would be a a situation similar to john tiner. you see other passengers get patted down the same way? >> i did not see any passengers at security. when i went to board my flight they september three tsa agents to my gate which is unusual protocol. i later found out and they did perform random pat-downs there i walked past a woman who received a pat-down. tsa agent who gave her the pat-down did strict specifically what she would do during the pat-down. i did hear her say that. jenna: we're obviously sharing your story because we heard a lot of these stories, too many to ignore. the problem with dog some of these stories to be perfectly honest when we don't have video and don't have other witnesses and don't have a representative from the tsa it creates this we're taking your word for it. we're not dismissing you at all. please do not take it that way. i will read a statement from the tsa. that is what we do have. then we'll talk a little more about this. this is the what tsa says. tsa constantly evaluates and updates screening proc

in san diego, john tiner recorded his run-in with security with his cell phone. tsa threw him out of the airport and the video became an internet sensation but homeland security secretary janet napolitano continues to defend tsa procedures. >> it would be unwise to say at the least irresponsible of us at the tsa, at the homeland security department not to evolve our technology to match the changing threat environment that we inhabit. >> joining us to discuss is andrew napolitano, host of "freedom watch" on the fox business network. good morning to you. >> good morning. >> it's a complicated case. here's my fear, if we have more john tyners who say i'm not going to do the body scanner and you can't do the patdown to me, won't we have chaos at the airport? >> the chaos will be caused by the government forcing us to make a choice between radiation to the body that can seriously harm a lot of people and this gross pornographic violation of human dignity whereby children are touched in their private parts, women, men, older folks are touched in their private parts in