[IP] Watch Where You Point That Camera
Begin forwarded message:
From: EEkid@xxxxxxx
Date: May 23, 2005 5:13:31 PM EDT
To: dave@xxxxxxxxxx
Subject: Watch Where You Point That Camera
Watch Where You Point That Camera
By Susan Llewelyn Leach
(May 23) -- If you pull out a camera on a New Jersey train, you will  
have company - law enforcement company. If you size up a shot on the  
New York subway, you'll probably be questioned by security and told  
to keep the lens cap tightly on. Even if you plan to snap some  
innocuous bank building from a public sidewalk, you might find guards  
telling you it's not allowed.
"Is photography becoming illegal in the United States?" asks Jim  
McGee, in a column for the online photo magazine Vivid Light  
Photography.
AP
The USA Patriot Act's broad definition of "suspicious activity" has  
added to the confusion about how to interpret people's motives when  
taking photos of public spaces, such as California's Golden Gate  
Bridge (above).
Anecdotal evidence suggests that heightened sensitivities over  
security in the wake of 9/11 have put a crimp in photographers'  
freedom to shoot in public, even if the laws remain largely  
unchanged. News that Al Qaeda operatives canvassed targets with  
cameras has made taking shots of federal buildings, bridges, power  
plants, and the like seem less innocent.
Last year, after the Madrid train bombing, New York City's  
Metropolitan Transportation Authority proposed a ban on photography  
on its subways and buses (New Jersey already had a ban in place).  
Public protest was such that now, more than a year later, the  
proposal has stalled.
But "just because it's not law yet, doesn't mean there aren't people  
trying to enforce it," says Alicia Wagner Calzada, vice president of  
the National Press Photographers Association (NPPA).
Part of the problem, she suggests, is police officers and security  
guards who are uneducated about the law.
The USA Patriot Act, with its broad definition of "suspicious  
activity," has cracked the door wider to individual interpretation.
Ms. Calzada offers the example of a small-town photojournalist in  
Victoria, Texas, who was taking shots of potholes for a newspaper  
story last year when a police officer drove by several times.  
Finally, the officer stopped and questioned him and, even after  
running an ID check, bluntly declared the photographer's actions  
suspicious and intimated he'd be keeping an eye on him, the  
photographer recalls.
In most cases where photojournalists have been accused of shooting  
illegally and detained, they have been released without charge,  
Calzada says.
If security is sometimes overzealous, the rules themselves can also  
be vague and ad hoc. Overlapping law enforcement agencies, new  
restrictions imposed by local municipalities, and beefed-up security  
have all added to the murkiness.
 "Just because it's not law yet, doesn't mean there aren't people  
trying to enforce it."
-- Alicia Wagner Calzada, Vice President, National Press  
Photographers Association   
"TSA [Transportation Security Administration] and [the Department of]  
Homeland Security have put a whole 'nother layer of protection and  
concern and a level of bureaucracy to what journalists used to see as  
free rein," says Kenneth Irby, visual journalism group leader at the  
Poynter Institute in St. Petersburg, Fla.
In general, photojournalists have no more rights than ordinary  
citizens to take pictures.
If you're standing on public property, you can shoot anything the  
naked eye can see, explains Ken Kobre, professor of photojournalism  
at San Francisco State University and author of one of the seminal  
textbooks on the subject.
What you can't do, he says, is use a telephoto lens and take shots  
through office windows or into private residences, where people would  
have a "reasonable expectation of privacy." That would be like  
eavesdropping or surreptitiously taping someone, he says.
But if a story is newsworthy and in the public interest, then taking  
photos even on private property is usually permissible, he adds.
Photographing the outside of buildings - schools, hospitals, and even  
government buildings - is also legal. It's when you go inside that  
you need permission.
In most cases, Professor Kobre says, people are evicted for  
trespassing rather than invasion of privacy.
What surprises him, though, is the logic behind preventing people  
from taking pictures of building facades. "I haven't heard of an  
example where it makes any sense to stop anyone," he says, "because,  
almost in every case, you can walk a block away and use a longer lens."
Whether the logic is compelling or not, law enforcement has knocked  
heads with photojournalists for decades. The apparent tightening of  
access during recent years is less a function of more run-ins with  
the authorities, says Mr. Irby, who has seen no evidence of that,  
than the media's increased coverage of those encounters.
"In the past, when photographers were detained and even arrested, the  
news organizations would likely contact the commanding officer at the  
precinct ... and everything would be settled," he says. Now, in a  
time of heavy national security and greater public interest in press  
freedom, "those stories become stories."
Despite that higher profile, most incidents, Irby adds, are connected  
less to the war on terrorism than to the standard traffic accident or  
homicide scene.
Other factors play a role as well. During the past 10 to 15 years,  
police and even bystanders have become less tolerant of  
photojournalists, Kobre says. "The public really reached its apex of  
being fed up" with paparazzi after Princess Diana's death, he says.  
And the distinction between paparazzi and mainstream journalists is  
disappearing as celebrity journalism seeps into all areas of the media.
The bigger issue Kobre sees is privacy and the ease with which  
individuals can take clandestine photos with cellphone cameras.
"Before, you had to go to some trouble to hide the camera," he says.  
"Now you look like you're making a telephone call and boom! You've  
got [an embarrassing] photograph of someone." If that ends up on a  
blog, can the subject sue? Kobre asks.
In terms of the general public, he says, this "is going to explode as  
a problem."
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