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Police Restrict Public Photography 490

An anonymous reader writes "News.com is reporting that in Australia, recent attempts by a photo club to take pictures of industrial installations was met with police resistance. From the article: 'Club member Hans Kawitski was told not to photograph industrial installations and was ordered to inform members of the camera club to follow his lead. Liberty Victoria said its advice to photographers would be to ignore the directive. "The police have got no place making such warnings," president Brian Walters SC said.'"
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Police Restrict Public Photography

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  • No photographs ... (Score:5, Insightful)

    by Anonymous Coward on Wednesday February 01, 2006 @03:37AM (#14614245)
    ... but CCTV is fine. Mmmm, double standards.
    • by Opportunist ( 166417 ) on Wednesday February 01, 2006 @03:47AM (#14614271)
      If it's the government or some corporation, it's good. If it's you, it's bad.

      For other examples, look at rootkits, spying, lying... the list goes on.
    • by Alex P Keaton in da ( 882660 ) on Wednesday February 01, 2006 @07:46AM (#14614843) Homepage
      "Railfans" i.e.e people who love Trains and Railroads and take a lot of pictures have had this problem since Sept. 11. I wish I wasn't at work (for a lot of reasons) because at home I have an article from Trains Magazine about how some railfans have had their photo equipment confiscated. Some have even been arrested (but later had charges dropped). These arrested railfans were photographing from public places, and not trespassing.
      Police need to use common sense- if people are wearing dark clothing, and hiding in the woods taking long range telephoto lens pics of stuff, then maybe they are suspicious. But my friends who are railfans are at least as non threatening and gee geeky as my tech friends, and when asked by police they always tell them that what they are doing.
      What's next- banning tourists from taking pictures in Washington D.C.?
      And by the way, what about maps.google.com????
      • by packeteer ( 566398 ) <packeteer@@@subdimension...com> on Wednesday February 01, 2006 @08:39AM (#14614988)
        You have a good point but please dont think that the "terrorists" wear "dark clothing and hide in the woods. Those kinds of silly assumptions about how people dress or act is what leads us into this mess in the first place.
        • You have a good point but please dont think that the "terrorists" wear "dark clothing and hide in the woods. Those kinds of silly assumptions about how people dress or act is what leads us into this mess in the first place.

          By "terrorist", do you mean "paparazzi"?
        • by richlv ( 778496 )
          yeah, let's get paranoid, ban most things, head for police state... oh, it's already almost done.

          anyway, we had a joke (which probably was translated, so maybe it is available somewhere in original form) which i will try translating back :

          -------------
          + if a man is walking down a street and suspiciously looking around - terrorist;

          + if a man is walking down a street and looking straight ahead - cold blooded terrorist;

          + if a man is walking down a street and looking in clouds - fanatical terrorist;

          + if a man i
          • by d.valued ( 150022 )
            If this were last Friday, I'd laugh at that.

            Trouble is, last Saturday I was on the ass-end of this exact situation.

            I was shooting photos of various houses, and long story short, police come out an do everything but arrest me, as I was doing nothing illegal.

            I'm not going to say where, since I'm considering legal action against the other side, but people are f***ing stupid in this country when it comes to security.

            "We must get National Security Money to protect our town's Giant Wax Donut from a terrorist atta
      • by Pig Hogger ( 10379 ) <pig DOT hogger AT gmail DOT com> on Wednesday February 01, 2006 @08:56AM (#14615067) Journal
        You think railfans have problems? You should ask some planespotters some times!!!
        • by hoggoth ( 414195 ) on Wednesday February 01, 2006 @09:06AM (#14615143) Journal
          > You think railfans have problems? You should ask some planespotters some times!!!

          You think planespotters have problems? You should ask some militarybasefans some time!!!
      • Police need to use common sense- if people are wearing dark clothing, and hiding in the woods taking long range telephoto lens pics of stuff, then maybe they are suspicious. But my friends who are railfans are at least as non threatening and gee geeky as my tech friends, and when asked by police they always tell them that what they are doing.

        Common sense would be to realize that not everyone with ill intent is going to be sneaking around looking suspicious. What better cover story for a terrorist casing

        • Common sense would be to realize that not everyone with ill intent is going to be sneaking around looking suspicious. What better cover story for a terrorist casing a site than claiming to be an amateur photographer?

          On the other hand, common sense would also be to realize that most people claiming to be amateur photographers really are amateur photographers, and not terrorists.

        • by Svartalf ( 2997 ) on Wednesday February 01, 2006 @10:59AM (#14616132) Homepage
          The only problem with that thinking is that while it's all well and good to assume that it could be a terrorist, there's nothing involved with that tourist taking pictures that is agaist the law. They don't have the authority to shoo people away unless it's posted no-trespass for varying reasons as it's, by definition, in public if someone can traipse up to it and take pictures of it.

          And, if you wish to make it illegal, the terrorists have already won what they sought to do.
        • by gstoddart ( 321705 ) on Wednesday February 01, 2006 @02:20PM (#14618522) Homepage
          Common sense would be to realize that not everyone with ill intent is going to be sneaking around looking suspicious. What better cover story for a terrorist casing a site than claiming to be an amateur photographer?

          Yeah, but which is more likely: being an amateur photographer or being a terrorist?

          Stopping everyone in the general public from taking pictures from public locations of things which are in plain view on the assumption there could be a terrorist sneaking around is just absurd. It's totally specious reasoning.

          By that line of thought, the police should be free to grab and search anyone from the street under the assumption that it's thse sneaky, non-suspicious-looking people who cause you all of the trouble. Therefore anyone who isn't a conspicuously-obvious bad guy must be a bad guy, or will be assumed to be until such time as he can prove otherwise.

          These things, do not a free society make.
  • Warsaw Pact beckons. (Score:5, Interesting)

    by IgnoramusMaximus ( 692000 ) on Wednesday February 01, 2006 @03:38AM (#14614246)
    I believe "Do not photograph under pain of severe penalties" was at one point a standard sign on 1950s era train stations and other installations in the USSR and Warsaw Pact countries. As the saying goes: "Check you hate at the door or you will become that what you hate most"....
    • by luvirini ( 753157 ) on Wednesday February 01, 2006 @03:43AM (#14614263)
      Unfortunately that happend in some countries of "west" a long time ago allready... McCarthy anyone?
    • by Anonymous Coward
      I travelled to the USSR in 1976 and it was still prohibited
      to take photographs in train stations, airports, from planes
      and in a lot of other places.
    • by jheath314 ( 916607 ) on Wednesday February 01, 2006 @04:35AM (#14614407)
      Prior to WWII, back when Russia and Germany had relatively friendly relations, a lot of German 'tourists' visited the USSR and had their photographs taken by various strategic landmarks, such as bridges and tunnels. The photographs intentionally included the nearby signs, which provided important parameters such as clearance and maximum allowable load. Once this information was systematically compiled, the Germans had an unprecedented knowledge of their future enemy's infrastructure, enabling them to plan troop and weapon deployments with an incredible level of detail.
    • by KiloByte ( 825081 ) on Wednesday February 01, 2006 @04:41AM (#14614425)
      1950s? In Poland, you will usually get your photos erased if you try to photograph a train station today. Sure, they no longer have the right to do so, but most of train guards and people don't realize this. And most folks get intimidated when apprehended by uniformed men who don't know it better.

      The actual law was changed just a few years ago, too. And even though it no longer considers train stations "objects of vital military importance", shooting a photo of a lawn at a military training grounds [icm.edu.pl] can put you in trouble.
  • by Anonymous Coward on Wednesday February 01, 2006 @03:38AM (#14614248)
    Club member Hans Kawitski was told not to photograph industrial installations and was ordered to inform members of the camera club to follow his lead.

    They should just stick to the upskirt pics. That's not illegal in most places.
  • It wasn't a "Police ban" or "restriction".
    Some cops just warned them against it. They can photograph all they want and theres not a damn thing the police can do about it.
    • by Anonymous Coward on Wednesday February 01, 2006 @04:21AM (#14614351)
      Okay, let's assume for a minute that the article supports your statement that "some cops just warned them" or that you merely forgot to cite a secondary source which includes this information.

      You're okay with the police "just warning" people not do things they have every legal right to do, even though doing those things won't cause anyone any harm? What exactly are they warning them about then? A warning implies a threat, and in the lack of any other threat, whose left but the very police doing the warning? That's intimidation.

      You seem to be arguing that just because the police can't legally stop people from taking the photographs that it isn't a "ban" or "restriction". It certainly sounds like they're trying to restrict people to me. They're just not doing so legally and their reasons are unclear.

      And, by the way, there are plenty of "damn things" the police can do if you don't cooperate - especially if they're corrupt.
    • by Aussie ( 10167 ) on Wednesday February 01, 2006 @05:26AM (#14614512) Journal
      You've never been warned by an Australian copper, have you ?
    • by novakreo ( 598689 ) on Wednesday February 01, 2006 @06:04AM (#14614604) Homepage

      It wasn't a "Police ban" or "restriction".
      Some cops just warned them against it. They can photograph all they want and theres not a damn thing the police can do about it.

      It's called a chilling effect [wikipedia.org].

  • Comment removed (Score:5, Insightful)

    by account_deleted ( 4530225 ) * on Wednesday February 01, 2006 @03:42AM (#14614260)
    Comment removed based on user account deletion
    • by meringuoid ( 568297 ) on Wednesday February 01, 2006 @04:06AM (#14614313)
      But we'll all be thankful when terrorism goes away for good, though, right guys?!

      I recall the case of the Arabic-looking students on a trip to Disneyland, whose home-video of their fun day out was later used against them as evidence of a terrorist plot. Apparently they spent an awful lot of time in places that would be good to bomb - like long queues. Obviously there's no other reason why a visitor to Disneyland would spend a lot of time in long queues...

    • In that case (Score:5, Informative)

      by Sycraft-fu ( 314770 ) on Wednesday February 01, 2006 @04:22AM (#14614354)
      He should have called the police, filed a report for false arrest and sued the company for destruction of property.

      The actions of a private security force are not the responsibility of the government, and they are restricted by the same laws as the rest of us. This isn't the government cracking down on terrorist bogeymen, this is a private security force that needs to be informed they aren't cops.

      Learn your rights, and stand up for them.

      Now this is, of course, assuming your friend wasn't doing something illegal while taking the pictures like tresspassing, which is illegal and would get him in trouble. This would actually be what I would suspect, given my past experiences with such things. I've had a number of "rent-a-cops breaking the law" stories related to me in my life, most in person. Initally, it always sounds like the security force was in the wrong and, of course, I advocate standing up for one's rights as always. However it then usually comes out that the person involved was doing something they shouldn't have: Tresspassing, shoplifting, whatever.

      Either way, my advice for the future: If private security tells you to stop taking pictures while you are on public land, tell them to get lost (do make sure you are on public land, not their property). If they try to detain you, get your cell phone out and threaten to call the police, while backing away. If they push the issue, make the call. If they do detain you and take your property, file a police report, and contact a lawyer about a civil suti. It IS illegal.

      Security forces can temporarily detain a person only under very limited circumstances, such as if they are on the private property they are hired to protect, and they have witnessed the person comitting an illegal act (like shoplifting). Otherwise, they are just civilians in a silly uniform. If they try to grab you for something like taking photos on a public street, they'll lose their jobs at the very least.
      • Re: (Score:3, Insightful)

        Comment removed based on user account deletion
        • Re:In that case (Score:5, Interesting)

          by Sycraft-fu ( 314770 ) on Wednesday February 01, 2006 @04:46AM (#14614435)
          Right so call those fuckers to task. I'm sure at this point it's too late (there are statues of limitation and the longer that goes by the less evidence) but don't put up with that shit if there's a next time. Call the cops, file a report, demand arrest. Don't let the issue go, fi they don't do something contact the DA, retain a lawyer, call the ACLU. Talk to the local press, reporters usually love stories like that.

          Hell for that matter if the state allows it get a CCW permit and carry a gun and a can of pepper spray. If someone tries to take you by force, that's at the very elast grounds to use non-leathal force, and may be grounds for the threat or use of lethal force (please note, this is not legal advice, check your local laws regarding the carry and use of weapons before doing so and always obey all weapons laws).

          The point is, if you take stuff like this sitting down, then you are part of the problem. Injustice has to be challenged, espically in a case like this where it's two private entities involved.
          • Re:In that case (Score:5, Informative)

            by Anonymous Coward on Wednesday February 01, 2006 @05:55AM (#14614586)
            I'd just like to respond to your recommended recourse against private security guards:

            PLEASE, PLEASE DO NOT DO ANY OF THOSE THINGS!!!!! PLEASE DO NOT ENTERTAIN THOUGHTS ABOUT SPRAYING US WITH MACE OR INTIMIDATING US WITH WEAPONS!!

            Ok, my background. I'm licensed as an armed guard in the state of Oregon; I've gone through a lot of training with various levels of law enforcement to understand the charge and the responsibility of the sort of work I do.

            First, it's not always the most interesting work, to be a security guard (unarmed.) Mostly I walk around a factory interior and tour the grounds a couple times an hour in the evening and at night. But as a guard, I may be assigned to do a lot of different things - sometimes instead I'll do entry security at an event, and YES, we're allowed to search bags, but only because you paid to get in. And of course there's some level of profiling involved: the clean-cut, courteous individuals don't make trouble 999 out of 1000 times, even if they sneak in a flask. And it's absolutely not a matter of race, mind you, or ethnic wear, not among anyone in this company that I've worked alongside with, but manner of dress, habit, and personal effects. (So if you want to smuggle a flask into a concert, dress like a business professional who's going to an event after work; you won't be searched. If you make trouble anyway, yeah, you'll still get thrown out.) But this is all a digression...

            The purpose of employing security guards, nine times out of ten, is not to hold off a major break-in attempt: it's to scare off vandals and call the fire department if something catches on fire. At the factory where I work, there's no point in trying to steal anything, anyway - they turn giant rolls of steel wire into much smaller segments of differently-shaped wire. You'd need a tractor trailer and a forklift to try to make off with anything, and then what - are you going to sell a hot 5 ton spool of steel wire? To whom? So it's not about theft prevention. But to prevent some kids from hopping the chain link fence and throwing rocks at the windows, that's worth it to the business.

            So, if I saw someone wandering on the property taking pictures, I'd probably ascertain: are they on the property? If so, then I will inform them that they can't be here (note: you don't say "You're trespassing! Cease your ingress!" - you use words that any native speaker and many nonnative speakers understand); I won't ask what they're doing, I won't engage in a conversation about why they should be allowed to remain. They can't be here. (Showing a company badge means I let them alone for now and then call my supervisor to let him know that a suspicious character has a badge, and he calls the plant manager to find out if they're legit.) If they're not on the property, let em go.

            I don't know of a single guard who would try to take down someone without really good cause. I sort of don't believe that these people actually exist - I think they're the fictional nemeses who lend bravado and excitement to our friends' exploits, a contemporary ghost or gang of bandits. Why? Because it's dangerous and stupid to confront anyone. They could have a knife, a gun, and then your life is over, and for what? the glory of tackling some punk with a camera (hint: there is none) to save a few windows? to protect a five ton spool of steel wire?

            (The "reall good cause" could be - some thug is having a party in your department store, knocking over displays, menacing customers, threatening people. I haven't, but I've worked alongside with some guards who have tackled and bodily restrained these people until the police arrive and detain them. And when I've worked armed, the rule is - property can be replaced, while your life can't. Only if someone threatens violence or death do you draw your weapon, and first as a deterrant, last as a protective.)

            One last thing: yes, anyone can place anyone else under citizen's arrest, and anyone can bodily detain anyone else. The
            • I'm licensed as an armed guard in the state of Oregon; I've gone through a lot of training with various levels of law enforcement to understand the charge and the responsibility of the sort of work I do.

              I guess that explains all the whitewash you're throwing around. Specifically:

              I don't know of a single guard who would try to take down someone without really good cause. I sort of don't believe that these people actually exist - I think they're the fictional nemeses who lend bravado and excitement to ou

            • Re:In that case (Score:3, Insightful)

              by Sycraft-fu ( 314770 )
              Right, you can try and place me under citizens arrest, only if you see me comitting a crime. If you try and grab me off the street when I'm doing nothing wrong, that's kidnapping. In a number of states, that's cause to use lethal force. Being a security guard doesn't give you some kind of immunity. I am not recommending that people go around theatening security guards. I am recommending that they know their rights and exert them. If there is a high probablility those rights will be infringed upon with force
      • Re:In that case (Score:4, Informative)

        by Eivind ( 15695 ) <eivindorama@gmail.com> on Wednesday February 01, 2006 @05:04AM (#14614467) Homepage
        Now this is, of course, assuming your friend wasn't doing something illegal while taking the pictures like tresspassing, which is illegal and would get him in trouble. This would actually be what I would suspect, given my past experiences with such things. I've had a number of "rent-a-cops breaking the law" stories related to me in my life, most in person.

        But the thing is -- even if you *did* break some law, this does not give the rent-a-cops carte-blanche. They *are* under such circumstances allowed to, under certain limitations, make a citizens arrest and detain you (by use of force if nessecary) until the police arrives.

        They are *not* allowed to, for example search your backpack, destroy film from your camera, or indeed prevent you from taking pictures. (they can however indirectly prevent the latter by asking you to leave the premises)

    • by interactive_civilian ( 205158 ) <mamoru&gmail,com> on Wednesday February 01, 2006 @04:41AM (#14614426) Homepage Journal
      DrEldarion said:
      One of my friends was taking pictures of an industrial facility at night for a photography class - security detained him and destroyed his film.
      Was this private security for the complex? Or was it actual law enforcement?

      Because if it was private security, the first thing your friend should have done was call the police and have the security guards arrested for theft and/or destruction of personal property. It is not legal for them to do that. They can ask you to stop taking pictures and if you actually are on their property then you must comply, but they cannot take your film. Well, at least not without a court order.

      Check out the Photographer's Right. [krages.com]

    • It happened in Philadelphia, too. The original article appeared July 3, 2002 in the Philadelphia Inquirer. An art student of some sort from Finland and a local Democratic Party committee member were taking pictures of the Sunoco refinery from the Passyunk Ave. bridge. Cruisers, choppers, cops galore. They took the cameras, destroyed the film and detained them for a couple days. When protesting to the police that they were taking art photos, the cop said, "Nobody takes pictures of refineries as art, especial
  • by Chmarr ( 18662 ) on Wednesday February 01, 2006 @03:42AM (#14614261)
    The article mentions being 'hauled away by security' for taking photos inside Eastland shopping center. Well, that one's understandable. The shopping center is private property... can't take photos without the property owner's permission.

    That the article fails to mention the difference between photots inside someone's property, and from outside the property, is poor journalism.
    • by legirons ( 809082 ) on Wednesday February 01, 2006 @03:57AM (#14614294)
      "The shopping center is private property"

      If they value their privacy so much, they shouldn't invite the general public to come inside.
      • Because it is private property, they can restrict photography inside the mall. Just because you invite the public in doesn't mean you give them rights to do whatever they want.

        The same principle applies to smoking.
    • by tpgp ( 48001 ) on Wednesday February 01, 2006 @04:03AM (#14614306) Homepage
      The article mentions being 'hauled away by security' for taking photos inside Eastland shopping center. Well, that one's understandable. The shopping center is private property... can't take photos without the property owner's permission.

      You are correct that the shopping centre is private property, but incorrect that this means you cannot take photos there without the property owner's permission (I am going to make a huge punt and guess you are not an expert in Australian law)

      This wiki [overclockers.com.au] has a reasonablly good explanation:
      The Summary Offences Act 1988 states: 'public place' means (a) a place (whether or not covered by water) or (b) a part of a premises, that is open to the public, or is used by the public
      As much as the shopping center operaters would love to control everything, they opeate a public space.

      That the article fails to mention the difference between photots inside someone's property, and from outside the property, is poor journalism.

      What you fail to mention is that US!=The rest of the world. Things work differently in Australia.
      • by xstonedogx ( 814876 ) <xstonedogx@gmail.com> on Wednesday February 01, 2006 @04:27AM (#14614373)
        What you fail to mention is that US!=The rest of the world. Things work differently in Australia.

        Things aren't that different. [photosecrets.com].

        Only buildings created after December 1, 1990 are protected by copyright. Fortunately for photographers, the copyright in an architectural work does not include the right to prevent others from making and distributing photos of the constructed building, if the building is located in a public place or is visible from a public place. So you don't need permission to stand on a public street and photograph a public building. You don't need permission to photograph a public building from inside the building (although you may need permission to photograph separately-owned decorative objects in the building, such as a statue). You don't need permission to stand on a public street and photograph a private building such as a church or a house.

        • I agree that things generally aren't that different.

          However, you quote:

          You don't need permission to photograph a public building from inside the building

          and we were talking about private buildings (shopping centres).

          Another quote from the link you provided:

          If you are going to shoot on private property, get permission to enter and use the location for shooting and to show the premises in your work, in order to avoid trespass and invasion of privacy claims by the property owner.

          So I'm afraid in that respect

      • So if a friend of mine comes over to my house, and brings along someone he knows but I've never met, is no friend of mine, and that fellow has a camera with him, I should be perfectly comfortable as this stranger walks around in my house taking pictures at will? It's normal enough to have a friend-of-a-friend be welcome on your property, but I'm pretty sure he'd feel that asking permission to take pictures of my private space would be the proper thing to do, or at least I should hope so. Just because I've i
    • The article mentions being 'hauled away by security' for taking photos inside Eastland shopping center. Well, that one's understandable. The shopping center is private property... can't take photos without the property owner's permission.

      Really? What law says that? And what law allows them to demand and destroy the film? Just because some asshole in a uniform demands you do something doesn't mean he has the legal right.

    • by bgog ( 564818 ) * on Wednesday February 01, 2006 @04:28AM (#14614375) Journal
      I really really disagree. If they let a person onto their property, they should be able to take photos. Period. If you reflect light at me no one should have the right to prevent me from capturing it. Whether I see it with my eye or with my camera should make no difference. If you don't want me to witness the light in your building then do not allow/invite me in.

      Of course you do have rights if I photographed your copyrighted material. I should still be able to photograph it if I'm allowed to see it but I cannot sell/distribute said photos because the work belongs to you.

      Please don't quote law. This is my opinion and how I feel about it. I know the law disagrees.
    • The article mentions being 'hauled away by security' for taking photos inside Eastland shopping center. Well, that one's understandable. The shopping center is private property... can't take photos without the property owner's permission.

      Rubbish. Here's a page on Australian street photography legal issues [4020.net] by a lawyer:

      Whenever you enter private land, you do so with the understanding that you consent to any requirements the property's owner may impose on you. So if they tell you to stop taking photographs,

  • I need more (Score:5, Funny)

    by slashmojo ( 818930 ) on Wednesday February 01, 2006 @03:45AM (#14614267)
    coffee before my morning slashdot.. I thought that said 'police restrict pubic photography'

    Not sure which makes more sense though.

  • by Zakabog ( 603757 ) <.moc.guamj. .ta. .nhoj.> on Wednesday February 01, 2006 @03:50AM (#14614277)
    I was at the tollbooths on the Staten Island side of the Verazzano Bridge, photographing someone on a motorcycle waving his E-ZPass aroud trying to get the thing to read. I never saw anything like that so I took a picture as I got up to the toll the police stopped me and threatened to fine me if I didn't delete the picture. It's been like that for as long as I can remember going over the bridge, dunno what the rules for at all. Also, I'm always afraid taking photographs at the ferry terminals. When they had the 100 year celebration, I had my camera with me but I was afraid to use it because I just assumed photography wasn't allowed. Eventually I started taking pictures, and just figured they had nothing posted about photography so it's allowed, or if I get in trouble I can tell them to put up some signs.
  • Old News (Score:5, Informative)

    by sstrick ( 137546 ) on Wednesday February 01, 2006 @03:51AM (#14614279)
    This is from a few weeks ago and more careful examination showed that it was a storm in a tea cup. A few people were warned by an individual officer. They were not stopped from taking photos and it is not police policy.

    It was simply one police office making a comment.

    It must be a slow news week.
    • by misanthrope101 ( 253915 ) on Wednesday February 01, 2006 @04:41AM (#14614427)
      A few people were warned by an individual officer.
      All officers are individual officers. And when you ignore the individual officer's warning, you can be arrested for something unrelated but vaguely sinister, such as causing a disturbance, resisting an officer, blocking a thoroughfare, etc. Even if it isn't overtly sinister, you're still a criminal, and who's going to believe a criminal?

      If they really don't like you, they can say you threatened them and arrest you for that. If they push you and you reflexively grab their wrists, you might get shot, and at the very least you've now assaulted an officer of the law. They can provoke you with impunity, because no one will believe you. Everyone will take their word for it, because you're just a schmuck with a camera, while they were putting their life on the line to protect and serve. Cops are heroes, and you're just a suspect who stopped them from keeping us safe. Who told you you have these "rights" to take pictures? Wow, another bleeding heart liberal. Haven't you done enough damage to our country without berating the poor police officers?

      The ideal situation for cops is where there just about everything is illegal if they want it to be, so they can tell you "move along" and you have no choice. Cops are people, people like power, and people also generally have trouble dealing well with power. It tends to go to their heads. But as long as we always give the cops the benefit of the doubt, we will be falling headlong into a police state. Of course that won't matter until you're the one who gets the stern "move along," and by then it's too late. The only way to protect freedom is to be skeptical of, even slightly hostile to, government power. If abuse of power is considered innocuous, then we're pretty much done with the whole freedom thing.

  • So? (Score:5, Insightful)

    by Shihar ( 153932 ) on Wednesday February 01, 2006 @03:56AM (#14614288)
    One day I got lost at night and so walked up and down a block a few times trying to figure out where in the hell I was. A police officer stopped me. He asked me if I knew why he stopped me. I told him no. He said I was "walking suspiciously". I blinked at him like he was an idiot and asked him if he was going to arrest me for "walking suspiciously".

    At that point I think he realize that he was being a complete fucking idiot, as I wasn't breaking any law and he sure as hell couldn't arrest me for anything. He muttered some vague threat about "keeping an eye on me" and then waddled off to eat donuts, go bust an underage drinking party, or confiscate marijuana from college students and cancer patients.

    My point? Australia might be different, but at least in the US, they can't drag you off without a charge. Hell, a street officer can't even search you without some justifiable suspicion that a law has been broken. If there is no law in the books against taking pictures of whatever, you can take pictures of whatever. If the police are really giving you a problem, go grab your Australian ACLU equivalent and bring a member with you. Let the police do something stupid, then tack their balls to the wall and make an example out of them.

    People don't realize how eager the ACLU is to throw in a helping hand. When I was young, we had a local guy get the beat up by the town sheriff for insulting him. The ACLU was down before weeks end. They had a trial that ended with the Sheriff losing his badge and paying restitution. I would be amazed to learn that there exist first world democracies without an ACLU equivalent. Honestly, if you are really having problems, just give them a friendly call. If nothing else they will give you some good advice and inform you on the legal limits of your position.
    • People don't realize how eager the ACLU is to throw in a helping hand.

      * Right-wing Slashdot groupthink ON *

      Rubbish. The ACLU don't do anything to protect my gun rights, therefore they're completely useless at protecting anyone elses rights about anything else ever. NRA4EVER!

      * Right-wing Slashdot groupthink OFF *

      Eww, I feel all dirty...

      • Re:So? (Score:5, Insightful)

        by Shihar ( 153932 ) on Wednesday February 01, 2006 @04:19AM (#14614346)
        A Republican who doesn't like at least a little bit of what ACLU stands for isn't a real Republican.

        To be fair, I don't like some things the ACLU does. For instance, I am pretty adamantly against letting publicly funded intuitions discriminating applicants for jobs and colleges based upon race.

        That said, if you dislike the ACLU across the board you get a big fat Stalinist authoritarian stamp across your forehead in my book. The ACLU's fanatical devotion to the first amendment more then makes up for whatever other policies they advocate that I disagree with. The ACLU is an absolutely indispensable American institution. Organizations like the ACLU form the fourth leg of checks and balances in American government.

        People don't recognize how important civil institutions are. A great deal of the health of the American and European democracies can be attributed to these organizations. One of the hardest things to set up in an emerging democracy are local groups like this. Hell, I bet you could pretty effectiveness rate the health of a democracy based purely on how many private civil institutions it has per capita.
    • Re:So? (Score:3, Informative)

      by rainman_bc ( 735332 )
      US, they can't drag you off without a charge.

      Correction. They can drag you off on a whim. They can hold you for a short period of time, and have to release you if they cannot press charges.

      In Canada, that means a 24h period. Probably something similar in the US.
    • Re:So? (Score:3, Funny)

      by CmdrGravy ( 645153 )
      I was walking back from the pub late one night minding my own business and noticed a car driving towards me going very slowly, it passed me by drove a bit further up the street and then turned around and came back past me again still going very slowly. Hmm, I thought, what does this car want ? There's no one else on the road, it's late at night and whoever it is in this car is behaving very strangely. I carried on walking keeping an eye on where the car was going and saw it turn into a car park a couple of
  • by jesterpilot ( 906386 ) on Wednesday February 01, 2006 @03:56AM (#14614291) Homepage
    We've got to stop and ask ourselves 'How many photographs do we need?'
  • by FleaPlus ( 6935 ) on Wednesday February 01, 2006 @03:57AM (#14614292) Journal
    For those who haven't heard the term before, sousveillance [wikipedia.org] refers to the use of technology by members of society to watch and record the activities of others, particularly authority figures. It seems like it's becoming increasingly futile for organizations to try to resist sousveillance, as the police in the article attempted to do. As technology progresses, cameras and cameraphones are just getting smaller, cheaper, and harder to detect. Eventually it gets to the point where people have things like retinal implants [howstuffworks.com] and little remote-control cameras, and it becomes absurdly impractical to try to keep them away from all the things you want to keep secret.

    I've recently started reading David Brin's The Transparent Society [wikipedia.org], which proposes the somewhat counterintuitive notion that instead of resisting government invasions of privacy, we instead ensure that everybody is able to watch everybody. In effect, the answer to the question "Who watches the watchers?" becomes "Make everybody a watcher." This of course has its problems and I'm still not sure what I quite think of it, but it's certainly an interesting idea. The first chapter of his book is available online [davidbrin.com]. I highly recommend skimming through it.
  • I'm pretty sure that if they gave this order under the guise of deterring "terrorism" it's pretty much in vain, in that more valuable intel is already available in the public domain, weaknesses in any event should be known, just as code audits are released in the public domain. I can think of 1 site off the top of my head that is pretty big on releasing "Eye-Ball-Series" on industrial, government, and public facilities [cryptome.org]

    Liberty Victoria [libertyvictoria.org.au] is the aussie's version of Amerika's ACLU, I've always envisioned AU

  • by bhaskie ( 788394 ) on Wednesday February 01, 2006 @04:05AM (#14614311)
    "... after he photographed gas storage cylinders at the city's Shell oil refinery" This seems to be sensitive and could have caused trouble if such pictures land up in the hands of terrorists. I have seen terrorists blowing up gas pipelines at oil-refineries in my country, and believe me, it is really an issue. But the fact that were told not to photograph industrial installations seems too stretched. The police don't have the right to ban public photography anyway.
    • This seems to be sensitive and could have caused trouble if such pictures land up in the hands of terrorists.

      My co-lo is in the basement of a building in the Melbourne CBD. About a year ago a local bunch of Islamic extremists were caught taking photographs of it. Perhaps they were just fans of architecture. This building also houses the stock exchange, though I was most concerned about my two BSD boxes.

      Building management tightened security as a result and I had to go along for a security induction. The s

  • by laughingcoyote ( 762272 ) * <barghesthowl@eUM ... .com minus punct> on Wednesday February 01, 2006 @04:10AM (#14614323) Journal

    When I was photographing the beautiful old federal buildings in downtown Denver (probably about 3 years ago), a federal officer pulled up and told me to stop taking pictures. When I asked him what law I was breaking, he refused to answer, but demanded my ID and told me I was now going to have a "record with the FBI." When I then asked him for his name and/or badge number, he got back in his car and drove away.

    Luckily, mine had a happier ending then this guy [2600.com].

    • When I asked him what law I was breaking, he refused to answer, but demanded my ID and told me I was now going to have a "record with the FBI."

      Mistake one: giving him your personal information. First, you're under no obligation to identify yourself. Second, how do you know he was a federal agent? That seems like a good way for a ID thief to get detailed information from a tourist they'll never see again.

      • Actually, the supreme court recently ruled that though you do not have to provide ID to a police officer, you DO need to tell them your full name (and not lie about it) when asked to identify yourself.

        I think it's a good idea for anybody to inquire about what law they are breaking to any snot-nosed cop as it is a legit question and forces them in a tight spot if they are doing something wrong.
  • by aussersterne ( 212916 ) on Wednesday February 01, 2006 @04:16AM (#14614339) Homepage
    Speaking as a freelance photographer, things are worse than people think. Not only can you not sell, but nobody will help you to publish such photos. It wasn't too many years ago that any photo except those that were truly "private" could be taken and used, if for nothing else than at least for documentary purposes.

    Now, however, the list of things that nobody will buy and nobody will publish (printers even refuse to handle these if you try to self-publish books or similar works) includes:

    - Any person (unless model contract is present, even if it's YOU!)
    - Any item (unless property contract is present, even if it's YOURS!)
    - Any building, patch of land, or piece of water (see previous item.)
    - Any manufactured item (because industrial design = intellectual property.)

    So, a partial list of things that can't be photographed without a contract on file includes: all people, all property (if it's not owned by the government, it's private and needs a signed release; if it's owned by the government, it's too dangerous to shoot or use anyway), all places (nearly all land and half the water in the world is owned by individuals or nations), all manufactured items (because all of them had to be designed by someone, and such design is intellectual property -- even things like soap bars with logos washed off them or empty containers without labels), all logos, text, phrases on signs, etc. (because thanks to copyright law, any piece of writing created by anyone is copyright by them, even if only three or four words long and done in graffiti in a public place).

    I think stock and editorial photographers are probably more aware than most of just how much intellectual property now affects our culture/society. Take a picture of a graffiti-covered shed in the middle of nowhere? You need a signed release from the shed manufacturer (for the industrial design), the owner of the land (for property release), and the graffiti "artist" (for text release). You basically need 2-3 signed contracts for EVERY PICTURE YOU TAKE, even of a ping-pong ball from the back floating in your own bathtub in the dark, because of all the intellectual and real property (and thus potential liability) involved in every photograph of everything.

    Basically:

    - Take a world in which ALL things are owned by SOMEBODY
    - and add intellectual property on top of physical property
    - and add a culture of litigation ...and any representation of anything or anyone, anywhere, is subject to lawsuit unless you have their name, signature, and fingerprints signing off on it. No wonder the news media never gets into real issues anymore. The list of things they can't discuss/photograph without permission of "the owners" under penalty of endless lawsuits and liability is virtually endless. And thus, they're left photographing/describing those people that WANT to be publicized (i.e. endless human interest and movie-star footage and news).
  • All too common (Score:5, Interesting)

    by bamf ( 212 ) on Wednesday February 01, 2006 @04:22AM (#14614353)
    Unfortunately this is all too common these days. Everyone with a camera is automatically a paedophile [amateurpho...pher.co.uk] or a terrorist [amateurpho...pher.co.uk] (more [amateurpho...pher.co.uk] even more [amateurpho...pher.co.uk].

    However they still ask the public for photographs when it suits them [amateurpho...pher.co.uk].
  • by markandrew ( 719634 ) on Wednesday February 01, 2006 @04:31AM (#14614391)
    i'm a keen photographer, although at the moment I seem to spend more time reading about my hobby than actually doing it. One of the magazines I regularly read has been full of tales of police/security over-zealousness for months now. Unfortunately in Britain at the moment, the police do not need to charge you with anything to detain you - if they have suspicions of any sort that they can relate to terrorism in any way, they can haul you off to the station for questioning. This has happened and been reported in photography magazines several times recently (and that's only the incidents that the victims actually wrote to magazines about). A well known case was of a man taking photos around (I think) Canary Wharf in London (near the Gherkin building and all the new, Norman Foster -esque architecture). He was basically meandering round taking photos of buildings, someone reported him to the police as being suspicious, and that was that: I believe he was taken to the station, questioned and interviewed, but eventually released without charge. I've read dozens of similar reports in the last few months.

    The problem is exacerbated in Britain because of (in my view) the scare-mongering tabloid press and their one-upmanship over fantastic headlines; there have been so many over-the-top stories and rumours about paedophiles over the last few years, for instance, that much of the public is now paranoid about the issue, even though such crimes have pretty much stayed at the same level they were at decades ago. Famously, after one paper named and printed photos of known sex-offenders, gangs of vigilantes went round beating up people who looked like the people in the pictures, or had similar names; and in one case, a paediatrician was forced to flee her home because people thought she was a danger to children and daubed threatening graffiti over her house. This eventually led last year to the major of London announcing a plan to erect signs in public spaces such as parks to warn people to be suspicious of anyone with a camera; thankfully he has since backed down.

    Unfortunately this does seem to be rubbing off on people: much of the public would now rather not ask questions but just act on their paranoia. In the recent case of an innocent man being shot by police because he happened to live in a block of flats where a terrorist suspect lived, it quickly became apparent that it was all a terrible case of mistaken identity and incompetence by the police; but most of the people I heard talking about it in the following days thought the victim deserved it, either because he was an illegal immigrant (he had overstayed his visa), or because he vaulted the ticket barrier (he did not), or because he had on a bulky jacket (he did not), or just because it's better to be safe than sorry, and a few unnecessary deaths is a price worth paying (!). I had to stop myself from having a big argument with a taxi driver a week after the incident, as he was adamant that even if the man was innocent, was acting innocently and did nothing wrong whatsoever, his death was still OK because we live in dangerous times and if the police think, for whatever reason, that someone *might* be slightly suspicious, shooting him 8 times at point blank range is the best thing to do. Needless to say I didn't tip him.

    Unfortunately people are becoming accustomed to paranoia - it seems our governments are in some cases willingly fostering a feeling of unease about anything and anyone, and people are responding.
    • by Anonymous Coward on Wednesday February 01, 2006 @04:43AM (#14614432)
      the police do not need to charge you with anything to detain you - if they have suspicions of any sort that they can relate to terrorism in any way, they can haul you off to the station for questioning

      And having gotten you to the station, they can take a DNA sample, which they keep even if they subsequently release you without charge.

  • by johansalk ( 818687 ) on Wednesday February 01, 2006 @04:49AM (#14614441)
    It's just not worth the hassle anymore. Either it makes you seem suspicious when photographing buildings or bridges, or it makes you seem suspicious when photographing people. I no longer want to walk around thinking that people are suspecting that I'm either a terrorist, paedophile or pervert. In fact, I worry less about the police thinking I'm a terrorist than about people thinking I'm a paedophile or pervert.
  • Shopping centres (Score:3, Interesting)

    by dimss ( 457848 ) on Wednesday February 01, 2006 @05:06AM (#14614476) Homepage
    In my country, most shopping centres and many other organizations do not allow taking photos. I do not know why, because they refuse to explain. This was bad surprise for me when I got my digital camera. For example, in UK nobody cares when I take photos in stores or other public places.
    • by Jetson ( 176002 )
      Many stores have a "no photos" policy simply to reduce competition. Otherwise you could walk into the store, take a few photos, and have a reasonably accurate snapshot (pardon the pun) of their inventory line and pricing. I don't know why a mall would want to get into that act, unless they figured a few "no camera" signs at the front door was better than having the same sign at the entrance of every other store inside the mall.

      Some places also do it for the comfort of their customers. For example, when I
  • by JesseHathaway ( 924921 ) <noneprovidedNO@SPAMnonya.com> on Wednesday February 01, 2006 @05:46AM (#14614567)
    The cops/police/fuzz don't always understand what they are allowed to do or not do, under the law.

    I'm a college student here at Ohio University, and as part of the required freshman introduction-to-college course, we had to learn and understand what, under the rules of the college and laws of the land, the police and campus security were allowed and not allowed to do.

    Example: Say the president of the college (unlikely) knocked on my door while I had friends over to partake of substances of debatable legality with, I have the right to refuse his request to come in and look around for said substances. He could get all the campus cops and resident assistants he wanted to, but as long as the substances are not immediately visible from OUTSIDE the room, there is no trouble.

    Take home: campus police can't bust in, even if they'd like to. if they in any way break with the stated policy, any charges they might want to file are thrown out.

    Second example: Any member of campus security is not allowed to request identification that contains your age on it. So if I was at a party (which happens often, even though I take time for classes and the occasional /. read-through), and campus security busted in, I would not be required to prove that I am of legal drinking age, even if they request it.

    Take home: There's a set minimum level of compliance that students have to give to campus security, mandated by both on-campus civil liberties and those granted under the Constitution and assorted Amendments.

    TFA is an extreme case, I believe. Sometimes police get a bit overzealous, which is why it's up to the townfolkery to know where their rights/liberties begin, and where the police's legal and civil abilities end.
  • by beders ( 245558 ) on Wednesday February 01, 2006 @05:51AM (#14614574) Homepage

    Whilst I don't condone the boring nature of what they were doing, I thought this might interest people outside the UK or with medium term memory loss.

    Plane-spotters 'ignored warnings' [bbc.co.uk]

    "They were held in prison for almost six weeks, before being released on bail and allowed to return to Britain."

  • In Soviet US... (Score:5, Interesting)

    by X86Daddy ( 446356 ) on Wednesday February 01, 2006 @06:56AM (#14614723) Journal
    A few weeks ago I was on vacation and visiting one of the more beautiful suspension bridges in the states. I was using a consumer style digital camera to hopefully get a decent shot for home use. After shooting the bridge and other good angles for maybe 30 minutes from a nearby park area, the local police arrived. They told me that photographing the bridge is "strongly discouraged." I looked at them like they were on crack, and they added, "for national security reasons." To their credit, they were very polite and seemed somewhat uncomfortable with their new job of keeping the world safe from photos.

    The bridge had a new lighting system specifically made for aesthetic purposes, funded by donations from the public over the last couple decades, and this is the fruit of those efforts.

    I'm too young to feel this damn old. I remember when this kind of bullshit was for those countries that didn't have freedom like the US. When I was in elementary school (in the 1980s), this would have been a scary story about the USSR or Nazi-era Germany, but unthinkable for the "land of the free." I hope to hell that the warning klaxons were louder than this for the Germans 70 or so years back. I'd rather be overly paranoid and bent about the issue than just plain correctly worried. Planet-wide and synchronized, this shit is making me ill.
  • Bridges (Score:4, Interesting)

    by digitaldc ( 879047 ) * on Wednesday February 01, 2006 @07:20AM (#14614773)
    A friend of mine was taking tourist pictures of New York City and a city policeman came up and asked him why he was taking pictures of the bridges. He cooperated, talked to them for a while and let them know it was just for fun, but felt strange that he would be questioned about taking pictures of bridges. They left him alone and he continued taking pictures, but he thought it was a bit odd.
  • 2600 (Score:3, Informative)

    by PhilHibbs ( 4537 ) <snarks@gmail.com> on Wednesday February 01, 2006 @07:39AM (#14614831) Journal
    Fall 2001 [2600.com]
    Winter 2003-4 [2600.com]
  • by parodyca ( 890419 ) on Wednesday February 01, 2006 @07:57AM (#14614867) Homepage
    You can't photograph the Eiffel Tower [fastcompany.com] either. At least not at night.
    This is just yet another nail in the coffin of freedom, in another (once democratic) country.
  • That's not new... (Score:5, Interesting)

    by Pig Hogger ( 10379 ) <pig DOT hogger AT gmail DOT com> on Wednesday February 01, 2006 @09:06AM (#14615144) Journal
    Last summer, I was harassed for taking pictures of city buses in Ottawa (federal capital of Canada). Here's my account of the... incident:

    I was being hassled by OC transpo security types for taking pictures of buses in the street.

    One of them, a woman, was practically in tears about "don't you know what happenned in London", just as if photographing buses would make them blow-up. Poor little creature. I almost wanted to hug her to calm her fears (but she looked too much like whe queen of England and I didn't want to smear myself)...

    The whole thing got ugly when they demanded to see some identification; I refused flatly, on matters of principle. Nothing illegal was done; then we went through the usual "if you don't have nothing to hide, why don't you give us some ID" bullshit arguments we always hear.

    They then said that they would have to call the police on me.

    -- Are you arresting me? I asked.

    -- No, you're free to leave.

    **BINGO!**

    This was a dead giveaway that they are security types, not constables. They cannot arrest and detain somebody for nothing...

    So I left at once; but less than a block away, I was intercepted by a fuming policewoman whose demeanor was quite arrogant and disgusting. She neatly parked her car blocking the reserved bus lane on Albert, between Bronson and Commissionners street, a most inconvenient place for buses, right as rush-hour was beginning.

    As I was walking calmly, she started to yell at me:

    -- "Hey, buddy"!!!

    Well, I'm sorry, but that's not a very polite way to introduce yourself. So I ignore her and keep walking slowly up the hill. That girl has to be taught a lesson in respect.

    She caught up on me right when I was about to arrive to where I was staying. Never before I have seen such a tremenduous display of fury and nastyness. 120 pounds and 120 decibels of pure, hot and tanned unadulterated flaming bitch. She would be perfect on ALT.FLAME.

    She was yelling at me, demanding to see identification.

    -- Are you arresting me? I asked again.

    -- No, I am detaining you.

    Not to take chances (what the fuck "detaining" legally means???), I started to dole out information on a piecemeal basis; like a Québec birth certificate, a perfectly legal, yet totally unknown document.

    -- You don't have anything with your address? she hysterically blurted, expecting the standard, run-of-the-mill sacrosanct driver's license, which I don't have...

    -- This is all I have (heavily implying "this is all you'll get").

    As we argued, three transit security types came about (including the slimy one who said that "I can leave", but the sad girl was gone, though), as well as two city cops came to watch the fun go by.

    The two cops (guys) were much nicer (which is easy to do, given the terminal nastyness of the first - I guess even Genghis Khan would seem nice compared to her).

    She then asks me for my address. Just as I finish saying the number and the street, before I say "Montréal", she disgustingly blurts out "is this in Gatineau???", like if I was living in a toilet bowl.

    As I said "No, Montréal", she demanded my address in Ottawa. So I gave her my friend's address, not wanting to be arrested on charges of homelessness (you never know what slimy dirty trick the pigs will pull on you - during all that time, I carefully stayed on the sidewalk alignment so I would not be charged for trespassing), some 20 feet away - because of this, my friend got in trouble; he was told by his condo administrators that he was "put on probation for bringing-in people who cause trouble", as the whole scene was witnessed by about 30 construction workers working on the condo... But this is a matter for his lawyer, though, and not on topic here.

    -- "It's right there, pointing at the condo main door"

    -- "I don't believe you, you just made that up!!!!" then blared out of the high-pitched decibel emitter. I suppose I could have borrowed some earplugs from nearb
  • This madness has occurred in the U.S. too, in the fall of 2003 to cartoonist Wes Oleszewski, who does an aviation comic strip called Klyde Morris [klydemorris.com]. Klyde is the first ant who becomes a commercial pilot. Just as with Doonesbury, the strip often shows well-known buildings with balloons of the conversations inside.

    Oleszewski wanted to be able to draw a better representation of the FAA's building.

    Oleszewski tried to take pictures of the FAA headquarters building in Washington, D.C. but was told photographs were forbidden for security reasons.

    The inital series of three cartoon strips on what happended start here [klydemorris.com]. There's a follow up on the story here [av8r.net].

  • by Lars T. ( 470328 ) <Lars.TraegerNO@SPAMgooglemail.com> on Wednesday February 01, 2006 @09:41AM (#14615371) Journal
    Having read a newspaper story about the magnificent christmas lights decoration at the US Army housing area not far away, an elderly couple takes a walk to take a look. Too bad they also tried to take a picture. A couple of security guards (not soldiers) come to take the film and look at their ID. The couple refuses, and are forced to wait 45 minutes out in the cold until both MP and local police arrive at the scene. IIRC (from the local news paper article) they could keep their film but the local police checked their IDs and gave the info to the MPs. Guess they will have a hard time getting a visa for the US - if they ever want to go there after this. And all this happened on a public road, no fences, no signs.

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