On December 17, 2009, EPIC filed a lawsuit against the Department of Justice concerning the use of whole body imaging devices used by the Transportation Security Administration (TSA). TSA has confirmed the Whole Body Imaging machines are being used in at least one Virginia federal court by the US Marshall Service:
EPIC submitted a FOIA request for information about these devices including the contracts with the manufacturer of the machines, and information about technical specifications and training materials. The Marshall Service failed to respond adequately to the request. EPIC filed suit, said that the agency had not performed a sufficient search and should disclose the documents requested.