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Police Restrict Public Photography

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.'"

22 of 490 comments (clear)

  1. No photographs ... by Anonymous Coward · · Score: 5, Insightful

    ... but CCTV is fine. Mmmm, double standards.

    1. Re:No photographs ... by packeteer · · Score: 3, Insightful

      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.

      --
      unzip; strip; touch; finger; mount; fsck; more; yes; unmount; sleep
    2. Re:No photographs ... by Pig+Hogger · · Score: 4, Insightful

      You think railfans have problems? You should ask some planespotters some times!!!

    3. Re:No photographs ... by Svartalf · · Score: 4, Insightful

      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.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    4. Re:No photographs ... by gstoddart · · Score: 4, Insightful
      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.
      --
      Lost at C:>. Found at C.
  2. Happens in the US as well. by DrEldarion · · Score: 4, Insightful

    One of my friends was taking pictures of an industrial facility at night for a photography class - security detained him and destroyed his film.

    But we'll all be thankful when terrorism goes away for good, though, right guys?!

  3. Re:Warsaw Pact beckons. by luvirini · · Score: 4, Insightful

    Unfortunately that happend in some countries of "west" a long time ago allready... McCarthy anyone?

  4. You have to understand by Opportunist · · Score: 5, Insightful

    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.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  5. So? by Shihar · · Score: 4, Insightful

    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.

    1. Re:So? by Shihar · · Score: 4, Insightful

      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.

  6. The increasing futility of resisting sousveillance by FleaPlus · · Score: 4, Insightful

    For those who haven't heard the term before, sousveillance 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 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, 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. I highly recommend skimming through it.

  7. Re:Photos inside buildings. by legirons · · Score: 4, Insightful

    "The shopping center is private property"

    If they value their privacy so much, they shouldn't invite the general public to come inside.

  8. And now from someone who RTFA by Anonymous Coward · · Score: 5, Insightful

    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.

  9. Re:Photos inside buildings. by bgog · · Score: 3, Insightful

    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.

  10. Re:ACLU by Shihar · · Score: 3, Insightful

    They lend a helping hand to what they are interested in.

    Err, your point?

    The NRA lends a helping hand when they are interested too. If I have a problem with my gun rights, I'll call the NRA. If I have a problem with my freedom of speech or illegal search and seizure, I'll call the ACLU. If I want a pizza, I will call Dominoes (actually, I just walk over to the pizza shop next door, they are much better).

    What exactly is your point? That the ACLU isn't all things to everyone? Oh, okay. One point for you. Is the ACLU the go to place for freedom of speech and illegal search and seizure issues? Absolutely. One point for me.

    Oh look, we would have tied if we were playing the same game.

  11. this is all the rage in britain at the moment by markandrew · · Score: 4, Insightful

    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.

  12. Re:In that case by DrEldarion · · Score: 3, Insightful

    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.

    No, he was in the street taking pictures through an open gate.

    I realize there's a difference between the police doing it and private security force doing it, the bullshit reasoning behind it is the same, though.

  13. a truism, but still a tad concerning, no? by misanthrope101 · · Score: 4, Insightful
    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.

  14. Re:There was a good reason for this paranoia... by IgnoramusMaximus · · Score: 5, Insightful

    And of course the spies would have never thought of hidden, miniature cameras in buttons, purses, books and what not, yes? The actual purposes this (and many other equally ridiculous) prohibitions served were to: intimidate the population, empower the police to arrest people wantonly on a multitude of pretexts and to create a false impression that the state vigilantly guards you against the Emmanuel Goldsteins of the world. I feel rather sad that so many people fall for such obvious psych-ops manouvers.

  15. That is... by laughingcoyote · · Score: 5, Insightful

    When an official lies to the public, it is patriotism. When the public lies to an official, it is perjury.

    --
    To fight the war on terror, stop being afraid.
  16. It all just depends on your point of view by Opportunist · · Score: 3, Insightful

    And of course a matter of definition.

    If you kill an innocent, it's murder.
    If the gov't kills an innocent, it's collateral damage.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  17. Re:Government is evil by marevan · · Score: 3, Insightful

    Won? No-one can WIN in a cold war, because it's more of paranoia than war. US is in the edge of new cold war, this time against terrorists. And the definition of terrorist is growing day by day.