Since “9/11” there’s been a war going on against photographers who are taking pictures in public spaces. It looks like the government, many corporations, and much of the general public considers us terrorists. It’s really getting crazy out there.
Bruce Schneier, an internationally renowned security technologist and author, reports,
Since 9/11, there has been an increasing war on photography. Photographers have been harassed, questioned, detained, arrested or worse, and declared to be unwelcome. We’ve been repeatedly told to watch out for photographers, especially suspicious ones. Clearly any terrorist is going to first photograph his target, so vigilance is required.
I have a news flash for America, every person taking a photo of the Golden Gate Bridge, Acela, and Independence Hall is not a terrorist.
In June, 2008, the Washington DC Fox channel sent a reporter and video crew to Union Station, hearing photographers were being hassled by Amtrak security. While interviewing Cliff Black, chief spokesman for Amtrak, who was explaining Amtrak has no rules against photography inside the station, an Amtrak security guard came over to the reporter and crew to tell them they’d have to turn the camera off.
Apparently, 6 months later, Penn Station Amtrak security in New York was yet to be informed that photography was allowed when Duane Kerzic was shooting there, hoping to win Amtrak’s own annual photo contest. He was arrested by Amtrak Police, handcuffed in a holding cell, and accused of criminal trespass in the public train station.
Kerzic stated,
The only reason they arrested me was because I refused to delete my images. They never asked me to leave, they never mentioned anything about trespassing until after I was handcuffed in the holding cell. They told me it was illegal to take photos of the trains.
This Photojojo article about the Ten Legal Commandments of Photography reviews photographers’ rights to take photos in public areas while traveling across the US. It doesn’t apply to travel outside the US.
In January, 2009, Mickey H. Osterreicher, General Counsel of the National Press Photographers Association sent a letter to Amtrak asking the railroad to take immediate steps to remedy their “unconstitutional treatment” of law-abiding photographers, working in public places, who were being confronted and harassed by the railroad’s police and personnel.
On January 12, 2009, David J. Domzalski, Associate General Counsel, Director of Amtrak Police Legal Services, replied to Mr. Osterreicher, stating “Photography is permitted in Amtrak’s stations in spaces that are open to the public.”
On March 10, 2009, Amtrak publicly published on its site its Amtrak Corporate Guidelines on Photography and Video Recording. The policy states, in part,
The taking of photographs and/or videos is permitted within public access areas on Amtrak property and as otherwise stated in Section III.
Public Area. An area open to general public access and occupancy (station areas and platforms for ticketed passengers only) that is not otherwise posted or restricted by posted signs or locking devices. Signage, building design and physical barriers, i.e. fencing, bollards, etc., may also distinguish a public area from a restricted area.
Earlier this month I traveled to Amtrak’s auto-train station at Sanford, Florida, and rode the auto-train to their Lorton, VA, station. I took several hundred photos for an upcoming Tripso article about the auto-train.
While in the Sanford, Florida station I remained in the public areas of the station and the station platform, as well as its parking and vehicle unloading areas. At all times I stayed behind all fencing, and areas which Amtrak signage indicated was restricted.
Even so, while photographing the exterior of Amtrak’s auto-train sleeper cars from the Sanford station platform, I was approached by an Amtrak security person and threatened with arrest if I didn’t stop taking photos. I was never asked why I was photographing the train. I was told, “Photographs of Amtrak trains are forbidden by federal law, and by taking photographs of the auto-train you are subject to arrest and imprisonment.”
She lied. There is no federal law restricting photography of Amtrak trains.
Moreover her actions and threats were completely contrary to Amtrak’s publicly stated policy.
After telling the security person that I was doing nothing illegal, I put my camera down and walked away. She didn’t pursue me, and left the area within a few moments. I didn’t see her again. To Amtrak’s credit, as I continued to take photographs a few minutes later, no other Amtrak security person approached, harassed or threatened me.
That being said, Amtrak needs to better train its personnel. They need to actually get the word out to all their security people what their policy is, not just give it lip service.
As we travel the rails in the US, and visit America’s landmarks, cities, national parks and other interesting places, we are allowed to photograph the adventure.
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That stinks; but then again, arguing with a person with a gun, badge and attitude is rarely a good idea–even if the law is on your side, you are probably gonna miss the train!
For seven years, the Bush administration portrayed the terrorist threat as a “Global War,” dishing out large doses of Fear as a tool to expand their “war powers” and to stifle opposition to that expansion. As a result, security officials from the FBI all the way down to rent-a-cops at the mall have put themselves on high alert to fight the War.
Unfortunately for them (but fortunately for everyone else), terrorists in the United States are rather few and far between. So those people in uniform who have an understandable desire to Make A Difference in the War have focused their enforcement efforts on photographers. The ostensible justification is that terrorists will likely be reconnoitering their targets to help plan their attacks . So in their minds, it’s very useful to assume that anyone using a camera in their territory is a terrorist (specifically, those who use a “real” camera rather than a ubiquitous cellphone camera). It lets them feel like they’re doing something to fight the War, and lets them claim “success” at protecting their turf. Photographers also make good targets because they are an actual threat of sorts– they might document something embarrassing.
Police and security guards may be lying about “federal law.” But they may honestly believe that federal law gives them the authority to hassle photographers. After 9/11, John Ashcroft bullied Congress into passing an an “anti-terrorism” law aptly named the USA-PATRIOT Act with almost no debate. It’s a voluminous compendium of law enforcement wish lists, but it’s rather vague and mysterious. Although many people have heard of it, nobody (with the possible exception of John Ashcroft) knows what its 500-odd pages actually contain. So it’s entirely possible that police and security guards truly believe that the USA-PATRIOT Act bans photography of whatever they’re protecting. Since this law banned all sorts of terrorist activities and gave law enforcement agencies all sorts of powers to stop terrorism, there obviously must be something in there about photographers.
The fact that neither the USA-PATRIOT act nor the equally-voluminous “National Security Act” even mention photography doesn’t matter at all. It’s a very powerful tool for intimidating people who refuse to delete the “illegal” pictures, or who otherwise don’t immediately submit to their Authority. And even when policies explicitly permit photography (as with Amtrak), the “War” and the Fear mean that the security guards will continue to hassle photographers on the theory of “better safe than sorry.”
Other than insisting on training police and security guards about what the law actually is, and making photographers aware of their rights, there isn’t much we can do about people in uniform continuing to valiantly fight the War On Terror by protecting their territory from the threat of photographers. When you’re under threat of arrest, your rights, the law, or the truth don’t matter. Change will only happen when someone becomes the sacrificial test case that wins large damages after an egregious abuse and establishes a precedent that gets noticed.
It’s so comforting to know that America’s best and brightest are keeping us safe. Did it ever occur to Ms Brainiac to wonder where the pictures on AMTRAK’s website and in their promo literature come from? Surely Federal Law would apply to AMTRAK’s advertising department, also. Smart move, though, to comply until she left the platform, since there’s also not a “No Passenger Left Behind” mandate.
I agree that some security officers will detain a person merely to harass them or to show off authority; it’s not always lack of information or training. When returning from press trips I was regularly detained by TSA agents who wanted to examine my camera by opening it and exposing the film inside. And, just as regularly, I would request a supervisor who would always pass me.
It might help to, in the future when on photo assignments, to bookmark the page “The Photographer’s Rights” http://www.krages.com/ThePhotographersRight.pdf , print out a copy, laminate it, and stick it in your camera bag. It is invaluable information as well as very good reading on its own.
was approached by an Amtrak security person and threatened with arrest if I didn’t stop taking photos. I was never asked why I was photographing the train. I was told, “Photographs of Amtrak trains are forbidden by federal law, and by taking photographs of the auto-train you are subject to arrest and imprisonment.”
She lied. There is no federal law restricting photography of Amtrak trains
I would get her name, badge number (if she has one), and have her fired.
She has no buisness doing security at a petting zoo, let alone at Amtrak.
Frankly, as an American citizen, you had a duty to report her and complain.
This type of treatment (and outright lies) by security personnel should not, and cannot be tolerated. Outrageous doesn’t begin to cover it. I would ask you to follow-up with Amtrak, and post your response here. Disgusting.
Hi Architecture Blogs,
I agree that “signage, building design and physical barriers, i.e. fencing, bollards, etc., may also distinguish a public area from a restricted area.”
As it turns out I was accosted by the security person at the station while on the train platform. When threatened with arrest, there were more than 50 other people within 50 feet on the same platform. They weren’t taking photos. I was not threatened with arrest for trespass, only taking photos of rolling stock.
This security person was either exercising her ego, or didn’t know Amtrak policy on photography, or both. While on the same platform other Amtrak security earlier had ignored me.
Thanks again for your comment.
Hi Skip,
I’ve had Bert Krages’, The Photographer’s Right for some time. I also have his book, Legal Handbook for Photographers which I purchased to gain insight into privacy and consent issues.
I also have the National Press Photographers Association memo on Photographers’ Rights To Take Pictures In Public Places prepared for the Association by attorneys Kurt Wimmer and John Blevins of the Washington office of the Covington & Burling.
I too have had my share of problems when returning from trips, but never with TSA. My problems have been with CBP, however, in the last year, I’ve not had a problem with them. Lately both TSA and CBP seem much more professional than in the past. I think they’ve worked hard to improve. Unfortunately, I believe the random confiscation program run by CBP has not been ended by the Obama administration to date, so I still take extensive precautions to not loose my photos and data, nor have private information revealed when I return from being out of the country.
I always have a backup of all photos, and use my laptop internationally, only as a dumb terminal. I never have email, personal or business data on my laptop, so if it’s randomly confiscated nothing is lost.
Thanks for your comment.
It’s time to sue for harassment, false imprisonment and abuse under color of authority. Is this America or isn’t it?