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Police Stop Journalists From Photographing Metrorail System

schwit1 writes with this excerpt from Reason.com: "Carlos Miller, who runs the Photography Is Not a Crime blog, and veteran photojournalist Stretch Leford decided to test the photography rules in Miami-Dade's metrorail system. Before embarking on their test, they obtained written assurance from Metro Safety and Security Chief Eric Muntan that there's no law against non-commercial photography on the system. The two didn't make it past the first station before they were stopped. Employees of 50 State Security, the private firm contracted to provide the metro's security, stopped the pair first. They then called in local police. The private firm and the police then threatened the two with arrest, demanded their identification (to check them against a terrorist watch list), demanded multiple times that they stop filming, and eventually 'banned' Miller and Ledford from the metro system 'for life' (though it's doubtful they had the authority to do so)."

51 of 601 comments (clear)

  1. Hmmm... by warGod3 · · Score: 5, Insightful

    So a private security firm AND the police have the right to try and sentence people without so much as a trial? NICE! I bet Miami-Dade PD is going to have to throw up some decent PR on this one... Oh wait, it's in the name of anti-terrorism and public safety...

    --
    "Be polite, be professional, but have a plan to kill everybody you meet." General James Mattis
    1. Re:Hmmm... by drinkypoo · · Score: 5, Insightful

      Unfortunately, the only way to really fix this is to go ahead and get arrested. That's what it's going to take to turn this crap around; a lot of journalists getting arrested and writing passionate articles about the experience while hopefully being exonerated.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:Hmmm... by openfrog · · Score: 5, Insightful

      Spot on! This is exactly the way to deal with this. Test it, get arrested, document the whole process and manage to be professional enough about it so you arise the interest of main media journalists, PBS, BBC, etc. Expose, just like they do here, underlying causes, like top security acknowledging of the rights, and private security and local police involved in arbitrary and erratic behavior.

      The result: big public embarrassment for those involved, instigating fear of the same for like-minded small-time tyrants doing this everywhere.

      This is a job of public education and the two photographers involved here are doing the right, appropriate and efficient thing about it. My hat to them!

    3. Re:Hmmm... by Joce640k · · Score: 4, Interesting

      They would try and get you with resisting arrest. So the entire pretense for arresting you is resisting arrest. Doesn't matter what the resistance is; vocal, thought, physical..

      Just ask politely if you're under arrest. If not, carry right on doing whatever it is you were doing. .

      There are other crazy laws on the books like this, like being drunk...in public.

      Um, yes, but there's written laws for that. So far there's no law against photography and a cop really ought to know that.

      --
      No sig today...
    4. Re:Hmmm... by drinkypoo · · Score: 5, Insightful

      Nothing will turn this around.

      Two points. First, I do not recognize that you are correct. Second, by assuming that nothing can turn this around, you have guaranteed that you will not work to turn this around, consciously or subconsciously. You have fallen into a trap of your own devising. I, however, do not believe it to be inescapable.

      All getting arrested will do is (a) cost you a shitload of money and time which you will not get back in full, and (b) eventually get you lynched by the surrounding crowd if you give the "authorities" trouble.

      Lots of people have lots of time right now. It doesn't have to cost you any money. What we need is legions of out-of-work photographers (they have the time) getting arrested for photographing anything and everything. I'm sure more than a few professional photographers have recently gone all-but-homeless. It's not like they're going to go to PMITA prison for taking a photograph of a subway.

      Can't be fixed. They've found a perfect combination of imaginary threats to keep the population in line. You stick your head up, they'll bring out the mallet and smash it right back down where they think it's supposed to be.

      You're a negative nancy. More to the point, you're not helping. Well, you are helping, you are helping the powers that be keep the population down by contributing to feelings of powerlessness. Or in short, you are doing evil.

      Why don't you find a way to make a positive contribution, or failing that, shut the fuck up? You're only doing harm by repeating their lines for them. Do you get paid for this work you do for the power elite who have the most to gain from the maintenance of the status quo, or is this just some sort of mental disorder that you have chosen to delight us with because you skipped your medication?

      I want everyone in America to carry a camera, and to use it. Thankfully, camera phones have made the first part true enough for most purposes. The problem is the second. Don't discourage patriotism. The only way to create the world that you want to live in is to be willing to die for it. You might or might not actually arrive in the world you want to live in, but doing nothing is a sure way to keep you where you are.

      Don't buy into your own oppression.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    5. Re:Hmmm... by drinkypoo · · Score: 5, Insightful

      You need to sue for ONE MILLION DOLLARS, if not more. Sue the city, the transit authority, and the individual thugs themselves.

      On what grounds? That your right to take photographs has been denied? No, you need to get arrested, then you sue the city.

      The transit authority is going to back up their security officers' right to tell you to leave for any reason until the bad PR becomes significant, and that will never happen unless you were arrested. See, the general public is afraid of jail and terrified of prison, and if they think THEY could get arrested for, say, taking a camera phone picture of their friend with a graffitoed train behind them, then they will think "I could go to jail for taking a picture of my friend!" And that will reach into their subconscious and twist, and that causes the asshole to pucker. And that, my friend, is the true cause of political action.

      Or in other words, get arrested first, sue later. I don't promise it will be pleasant; they do what they can to make the opposite true. But I do suspect that it is a necessary step.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    6. Re:Hmmm... by causality · · Score: 5, Insightful

      They would try and get you with resisting arrest. So the entire pretense for arresting you is resisting arrest. Doesn't matter what the resistance is; vocal, thought, physical.

      Worse: if a cop uses physical force against you, like mace, a taser, all the way up to a baton or a gun, and then does not charge you with resisting arrest, that cop is effectively admitting that he used force for no reason. That's aka excessive force or police brutality. There's not a cop on Earth who wants to admit he unnecessarily used force, as it would open up his department to liability and effectively end his career.

      It's unfortunate that you generally cannot sue the officer personally. They have some sort of sovereign immunity as they are noncivilian government agents conducting government business. You can sue the department or the city/locality/state that runs the department but not the officer himself. Most of the time the very worst thing that can happen to the cop himself is that he loses his job, though it's more typical for him to receive a free paid vacation for misconduct (paid suspension).

      The irony is that cops seem honestly puzzled about why so many people don't like them.

      --
      It is a miracle that curiosity survives formal education. - Einstein
    7. Re:Hmmm... by causality · · Score: 4, Insightful

      Just ask politely if you're under arrest. If not, carry right on doing whatever it is you were doing. .

      IANAL. Having said that ... Be careful about that. You can be detained without actually being under arrest. An example is when you are pulled over for a traffic ticket. You are not free to leave until the officer is done with you, yet you are usually not actually arrested. Yet if you tried to leave while still being detained, you're guaranteed to get arrested.

      --
      It is a miracle that curiosity survives formal education. - Einstein
    8. Re:Hmmm... by Low+Ranked+Craig · · Score: 4, Informative

      Unfortunately, the only way to really fix this is to go ahead and get arrested. That's what it's going to take to turn this crap around; a lot of journalists getting arrested and writing passionate articles about the experience while hopefully being exonerated.

      Yep. The key to this is to behave calmly and rationally (although one might argue that telling the cops to fuck off is the rational thing to do), and to have someone document the incident on video with a hidden camera from a distance, then post that video on Youtube and other places ASAP. A perfectly reasonable response by the photographers, along with the written assurance, the video and a decent lawyer should go a long way towards getting this shit fixed.

      Something similar happend to a good friend of mine in Canada of all places. He was taking pictures of some properties that were for sale to review with his business partner, and the local police pulled him over and general police fuckery ensued, and the harassment continued after he idintified himself and explained his business and what he was doing. He had to call a lawyer.

      Sometime the authorities can be stupid beyond belief. Do the think that there isn't any imagery of their precious system? Or perhaps that detailed satellite imagery doesn't exist with convient, detailed maps of all potential routes of escape and schedules even? Holy shit, look at that! Better go arrest Google.

      Bunch of fucking retards.

      --
      I still cannot find the droids I am looking for...
    9. Re:Hmmm... by Jeremy+Erwin · · Score: 4, Funny

      Most of the time the very worst thing that can happen to the cop himself is that he loses his job, though it's more typical for him to receive a free paid vacation for misconduct (paid suspension).

      Bah. Everyone knows that the really big cases are solved only after the hero turns in his badge.

    10. Re:Hmmm... by stephanruby · · Score: 5, Funny

      Just ask politely if you're under arrest.

      You should ask politely if you are free to go. It's a better question to ask. It assumes goodwill. It assumes a positive outcome. And it doesn't give him any idea about arresting you, because for all you know, the cop does not know about the body in your trunk yet, he was only interested in helping you push your car out of the ditch.

    11. Re:Hmmm... by commodore64_love · · Score: 4, Insightful

      >>>They would try and get you with resisting arrest

      Then don't resist. If you voluntarily hold out your arms and say, "Here you may cuff me," the police can't claim you resisted can they? You cooperated fully. As for the actual crime of photography, if police said I'm not allowed to take photos my immediate reply would be: "Oh I'm sorry - I didn't know," and whip out a sketchpad instead. That's how reporters produced newspaper pictures in the past.

      If the police then claim "It's illegal to draw the metrotrain," you know they are full of shit. And you would later win the court case (if it went that far). The police would end-up looking like fools and that would please me to no end. It would be like Christmas.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    12. Re:Hmmm... by Scrameustache · · Score: 4, Informative

      Spot on! This is exactly the way to deal with this. Test it, get arrested, document the whole process and manage to be professional enough about it so you arise the interest of main media journalists, PBS, BBC, etc. Expose, just like they do here, underlying causes, like top security acknowledging of the rights, and private security and local police involved in arbitrary and erratic behavior.

      The result: big public embarrassment for those involved, instigating fear of the same for like-minded small-time tyrants doing this everywhere.

      This is a job of public education and the two photographers involved here are doing the right, appropriate and efficient thing about it. My hat to them!

      The only bullshit part of it is that the fact you were arrested shows up on any criminal background check. It's the kind of thing that could deny you employment in the future. Sure, you can explain why the arrest happened, and most management types will listen to your explanation and decide "he's an activist troublemaker who might rock the boat, a loose cannon" and throw your application in the trash. Of course it's unjust.

      It's bullshit because a criminal background check should never show arrests. It should show convictions only.

      You can get your record purged of non-conviction arrests after a few months. I'm no law-talking-guy, but if you're ever arrested for bullshit charges that later get thrown out, remember that you can get the arrest record wiped clean.

      --

      You can't take the sky from me...

    13. Re:Hmmm... by nedlohs · · Score: 4, Interesting

      Having an arrest on your background check (for something like trespassing, resisting arrest, etc as opposed to child abuse, etc, or if it is unspecified) is a bad thing for most people, I'm thinking for a journalist it might be considered a good thing. Assuming you are going for an actual journalism job not as a talking head on fox or msnbc.

    14. Re:Hmmm... by Svartalf · · Score: 4, Interesting

      Yes, but trying to prove that is entertaining (in the deeply sarcastic sense) and expensive because you'll have to retain counsel, etc.

      In the end, it's a balancing act asking if you're free to go or if you're under arrest (and under what charges)- most LEOs will back down from their position they're taking if they can't find a charge (nailing you for "resisting arrest" when there's nothing else they can do to you opens them up to the selfsame sort of "fun" they exposed YOU to...) and the ones that won't, typically will find some bogus charge to hit you with in the first place, regardless of whether you back down or not.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    15. Re:Hmmm... by fyngyrz · · Score: 5, Insightful

      Two points. First, I do not recognize that you are correct.

      That's evidence that you're not paying attention, not that I am incorrect. Nor do you present any reasoning that would show that I am incorrect.

      Second, by assuming that nothing can turn this around, you have guaranteed that you will not work to turn this around

      I also assume that I will not be able to fly by flapping my arms; that I will not be able to read your mind no matter how hard I squint; and that sticking my head under a multi-ton press will not stop the press face from reaching the base plate. And I am absolutely right to make such assumptions.

      The primary fault with your reasoning is that you think that you can reverse something that has enormous force behind it, by exerting a tiny little bit of pressure. You don't recognize the forces involved in the issue at hand here, literally have failed to identify them, nor have you accurately evaluated the amount and kind of pressure they exert, and so you think that some squabbling in a courtroom will get you somewhere.

      As someone who has seen his share of courtrooms and then some, I have learned that fighting the system -- literally trying to say that the law, either in statute or in the person of an officer, is wrong -- is the one sure way to get the system to turn around and demonstrate that it has one hell of a lot more power than the defendant does, regardless of if you are actually correct, or not. I have seen everything from alternate charges (resisting arrest, public nuisance, creating a disturbance, failure to comply with, etc.) pressed to the limit, to outright ridiculous "interpretation" of the letter of the law. Review the reasoning behind the current understanding of the commerce clause to see this writ large; or just read up on police officers enticing people outside their homes so that the yelling they're doing changes from ok, because it's in their home, to a public disturbance because it's one inch outside the door, though still on the porch. Which will, in each and every case, be supported by the court.

      A secondary fault is that you think (and truly, I don't know why) that the populace and their elected and appointed servants are rational and will support sensible procedure, rational evaluation, and so forth. I have observed that the population is largely superstitious, bases their ideas upon what they think imaginary entities have told them to do in some book, or an astrological forecast, or in the words of some nitwit in a pulpit; and that this leads them to do the wrong thing both as individuals and en masse. Subsequent to this realization, I have also learned that you cannot change the mindset of these people by providing rational input, because they're not rational in the first place. And the very stronghold of those people? The courts and the legislature. Swear by the bible, sonny; pray before we make law; may "god" bless the American people... ad nauseam, ad infinitum.

      The tertiary error you're making is the assumption that the political and justice systems are amenable to you mucking about with the power structure they've created, and that they'll simply let it happen. They won't. Those structures have been very carefully tweaked over the years to benefit a particular class (which you and I are not in, nor will we ever be), and trying to screw with them will get you burned.

      Lastly, you should keep in mind that they've created a special place just for you. It's the new(ish) permanent low-class citizen; the one with a criminal record. You won't be able to get a decent job; every word you say in public honestly attached to your name and person will be credited to "convicted felon so-and-so" (which will not, sadly, come with any caveats); you won't be able to establish credit; get insurance; go to school; the list goes on. In addition, you'll be listed on the "offender" list that provides special designation for your particul

      --
      I've fallen off your lawn, and I can't get up.
    16. Re:Hmmm... by radtea · · Score: 4, Insightful

      If you voluntarily hold out your arms and say, "Here you may cuff me," the police can't claim you resisted can they?

      Sure they can. It's called "lying". All humans have the capacity, and the last time I looked cops were still human.

      --
      Blasphemy is a human right. Blasphemophobia kills.
    17. Re:Hmmm... by Faluzeer · · Score: 4, Informative

      Hmmm

      That all sounds wonderful, except that you do not have to actually be resisting arrest for you to be charged and convicted with resisting arrest. You merely need the police to state that you were doing so...

      Unless the event is recorded, or there are a substantial number of witnesses to the event willing to back your story, the word of the Police is almost always believed by the courts. One reason so many police officers want it to be illegal to record them, though obviously they claim it is for security or privacy concerns and never for accountability reasons...

    18. Re:Hmmm... by causality · · Score: 4, Interesting

      Then don't resist. If you voluntarily hold out your arms and say, "Here you may cuff me," the police can't claim you resisted can they?

      Be careful how you go about that. If you raise your hands out beyond a certain level, they will call that "flailing" and assume you are moving your hands in preparation for striking the officer. Then you're in for a world of hurt, both physically and legally. It's one of the bullshit tricks they use against people who give them a hard time, like questioning them too much. Right here, in the "land of the free."

      If the police then claim "It's illegal to draw the metrotrain," you know they are full of shit. And you would later win the court case (if it went that far). The police would end-up looking like fools and that would please me to no end. It would be like Christmas.

      An arrest record that might haunt you the rest of your life plus legal expenses is a rather Pyrrhic victory, to be sure.

      If you want to do something about the police having excessive power, becoming a test case has to be one of the worst ways to do it. The best way is to take it up with your local/state legislators. Unlike the federal level, you actually have a chance of finding one who really does want to represent your interests. That, by the way, is one of many reasons why the Founding Fathers wanted most government that citizens experience to come from the local and state levels.

      --
      It is a miracle that curiosity survives formal education. - Einstein
    19. Re:Hmmm... by causality · · Score: 4, Interesting

      The only bullshit part of it is that the fact you were arrested shows up on any criminal background check.

      Uh, an unlawful arrest doesn't get deleted from your record? Wow. Just wow. I already had a low opinion of the USA, but I think it just dropped a few floors.

      By default, no it does not. You can hire a lawyer at your own expense and pray that the judge will agree with you that it should be purged, but that's it.

      On most employment applications, they ask if you have ever been arrested. If you say yes, there is a section where you can explain why and that'd be your chance to write "I was found not guilty" or "the charges were dropped" etc. But, you better believe that if an employer has two equally good applications except that one has such a statement, where the other was never arrested, the employer is going to favor the latter.

      Many people have bought into authoritarian thought whether or not they are aware of it. Even if you were found not guilty, they will assume "well, he must have been doing SOMETHING wrong to get the attention of the authorities". The stigma of this is very real.

      I have a tremendously low opinion of the USA myself. Somewhere along the line we embraced authoritarian philosophy and we no longer really believe in freedom. At best we believe in license, not freedom. Despite the tremendously long track record of abuses and excesses, we for some reason believe that our government represents us and always acts in our interests, so we let it have more power anytime it feels like acquiring it.

      I believe that where we screwed up big-time was when we ever allowed the government to have any input whatsoever into how we educate our children. Take a hard look at our public schools. These are places where American citizens are threatened with suspension or expulsion for wearing a t-shirt of the American flag, since that might offend an immigrant. Places where kids are expelled for pointing a french fry at another student and saying "bang", since that violates a zero-tolerance rule about guns and violence. Places where a young girl can be forcibly strip-searched for having an aspirin or a Tylenol because that violates another zero-tolerance rule. We are throwing our children into an environment where authority can be as unreasonable and hypocritical as it likes, has a very low burden of proof if any, and can take drastic swift action with no appeal. When they grow up in that environment, they are likely to think it's normal when they see their government doing the same thing.

      If you have children and give a damn about them, save them from this madness. I have a family member who is a hero in my eyes. Do you know why? Because he works three jobs and makes sacrifices so he can send all of his children to private school. He was careful to choose one that does not exhibit this kind of institutionalized madness. When he says he loves his children and cares about their well-being, he's willing to do whatever it takes to back that up with action. If only having that much of a spine were more common.

      --
      It is a miracle that curiosity survives formal education. - Einstein
    20. Re:Hmmm... by bsane · · Score: 4, Insightful

      It's unfair to those police to tar them with the brush of those who are jerks or who are confused

      Then maybe they should manage their own- since they make damn sure nobody else can.

    21. Re:Hmmm... by Antique+Geekmeister · · Score: 4, Interesting

      And this is why they don't want photography in public places. For example, when beating suspects with handcuffs on their knuckles. http://www.youtube.com/watch?v=pJ2cLyblhpc.

    22. Re:Hmmm... by tburkhol · · Score: 5, Insightful

      Why don't you find a way to make a positive contribution, or failing that, shut the fuck up?

      I make lots of positive contributions, just one of which is good advice that can keep people out of the meat grinder. The fact that you don't perceive it as positive is only evidence that your perceptions are dysfunctional. As for the "shut the fuck up" remark, my answer is no. How's that work for ya, Sparky? :)

      All the unfixable conditions you have described are social conventions. People create social conventions, and people can change them through individual contributions of small pressures. Every time drinkypoo says "we can take back our country," we get a little piece of it back. Every time fyngyrz say "we are all fucked" we give a little more up. This is exactly the "structures [that] have been very carefully tweaked over the years to benefit a particular class" - the class that understands people will go where you tell them, if you just tell them it's too hard to go anywhere else.

      In the end, we get the country we deserve, and I'm going to say that we can take our country back.

  2. Re:It's the sun by Nick+Fel · · Score: 5, Funny

    Can't be the sun - we have this problem in England.

  3. Re:Look at it like an airport... by hedwards · · Score: 4, Insightful

    Photography of sites is surprisingly unhelpful to terrorists. The reality is that there's usually a copy of plans for the building on the web somewhere, the photography being banned is more a matter of trying not to freak out the people that work in the building. Given the changes to technology over the years, it's pretty much inevitable that the people that are caught aren't doing anything. Since cameras are commonly small enough to not be spotted with any effort at all to conceal them.

  4. Re:It's the sun by Nuskrad · · Score: 4, Insightful

    I think The Sun is definitely part of the problem in England.

  5. Re:Look at it like an airport... by Nadaka · · Score: 4, Funny

    Exactly, a train can be far more massive than any airplane!

    Imagine what would happen if terrorists took control of a train and flew it into a building!

    It would be 911 times a hundred.

    Afterall, if the pen is mightier than the sword and a picture is worth a thousand words, then a camera is a veritable weapon of mass destruction compared to a measly box cutter.

  6. The free world isn't so free anymore... by captainpanic · · Score: 5, Insightful

    The free world isn't so free anymore... ... Because we've all been stupid enough to demand 100% safety and security from our nations (I'm European myself). Problem however is that terrorists are the perfect guerilla fighters. They are just a member of the general public, until they strike. So, the only way to work on this increased safety and security is to treat the entire population of the world as a suspect.

    I'm not surprised that the world is turning out the way it is... And, there is no way that we can blame anyone but ourselves for it.

    Hardly ever have I encountered anyone arguing that we could do with less security. Nobody says that it's not worth the money... But, actually, we can... Which is why I think we've all been stupid. On the other hand, demanding for less security practically brands you as a terrorist, so asking for it is not exactly smart either :-)

    1. Re:The free world isn't so free anymore... by zippthorne · · Score: 4, Interesting

      It's definitely not worth the money. For one thing, 9/11 changed the rules of plane hijackings: no longer can you expect that the terrorists will just land and ransom you if you just keep your head down. It was over on the same freakin' day, before the fourth plane ever reached its target.

      It's always about costs vs. benefits, and it's about time we did some economic analysis of our security measures on top of the general effectiveness analysis we're also not doing enough of. Especially since all wars are economic: it doesn't matter what resource you cause your enemy to drain; if you can do it disproportionately, you can eventually win.

      --
      Can you be Even More Awesome?!
    2. Re:The free world isn't so free anymore... by trout007 · · Score: 5, Insightful

      I've been arguing for years that we can do with less security. Go back to 9/11 and what was the real cause that they were able to pull off the attack? It was the FAA position that we should cooperate with hijackers. Once the people on the 4th plane learned what was going to happen they tried to take the plane back. I'm sure the whole time on those planes the fight attendants were telling everyone to stay seated and be calm and it would be over soon like they were trained to do. So to prevent this in the future you don't need the TSA and flight marshal's and no fly lists. All you needed was a change in attitude that passengers no longer will comply with hijackers. Done. Just let the regular airport security do their job of keeping guns off the plane.Reinforcing the cockpit door wasn't a bad move either. But besides that nothing more needed to be done. Notice all of the near misses prevented by passengers since then. What is great too is that passengers are allowed to profile. While the TSA is frisking Mexican Abuelas every passenger is keeping their eye on Ahkmed. Now Ahkmed may be a fine upstanding man but passengers will watch him the whole flight and if he does something out of the ordinary will do something about it for self preservation.

      --
      I love Jesus, except for his foreign policy.
    3. Re:The free world isn't so free anymore... by OzPeter · · Score: 4, Insightful

      The free world isn't so free anymore... ...

      The irony of this is that this occurs in a country that professes itself to be the "land of the free and the home of the brave", and its citizens seems to get a little angry when people suggest that it isn't in either case

      --
      I am Slashdot. Are you Slashdot as well?
    4. Re:The free world isn't so free anymore... by silentcoder · · Score: 4, Insightful

      It's funny how we keep ignoring the people who actually KNOW about this stuff.
      Bruce Schneier would call your entire post factually incorrect, this is roughly a summary of his blogposts over the past few years:

      The risk of dying in a terrorist attack is far, far lower than the risk of dying from one too many cheeseburgers. Heck you have a much higher risk of breaking your neck from slipping in the shower !
      But we don't DEMAND slip-free mats in every shower by law do we ?

      The reality is that terrorism is in fact an incredibly rare and unlikely event even at the worst of times an ANY money spent on preventative measures is a guaranteed waste anyway. Terrorists don't do movie plot threats. Secure against the obvious and crucial things - but don't do anything beyond that because your predictions are guaranteed to be wrong and all those excessive measures actually make you LESS safe as they encourage people not to care and to skip steps.

      What CAN we do to reduce the risk ? Only this: effective after-the-fact law enforcement with open trials and proper punishment... same thing as for any other crime. Effectively catching the perpetrators, bringing them to justice (with fair trials) and then punishing them is a very good deterrent - just as much so for terrorism, and the only one that has any chance of working.

      Banning me from taking a bottled water on an airplane does not make anybody any safer at all.

      We got the fear, we got the control - and the sad thing is, we didn't even GET the security for it, we got a farce.

      Benjamin Franklin had this right: a nation that would exchange essential liberty for a little temporary safety will lose both, and deserve neither.

      Well - now we have neither.

      --
      Unicode killed the ASCII-art *
  7. Poor confused journalists by Rogerborg · · Score: 5, Funny

    Don't they understand that just because there's no law against it doesn't mean that you're allowed to do it? That's exactly the kind of mistake that The Terrorists might make if they came to the Land of the Free and thought that you were allowed to actually exercise said Freedoms. See? That's why their behavior was suspicious.

    --
    If you were blocking sigs, you wouldn't have to read this.
  8. Stopping pictures is only half the battle by sizzzzlerz · · Score: 4, Funny

    The train gestapo must prevent passengers from writing down the names of the stops as well. If the terrorists ever get hold of such a list, they've won.

  9. This isn't over by MobyDisk · · Score: 5, Interesting

    This is far from over.

    I'm glad to see that part of the article. They even presented to the security guards the very letter that granted the photographers permission, and they were still stopped. The next step is to follow-up on that letter and ask why their guards aren't following their own policies. This was a great experiment: there was no fighting, no harassing the security guards, etc. I really look forward to seeing the result. There is a part of me that hopes hundreds of photographers start going there to try and take photographs.

  10. Re:Look at it like an airport... by theshowmecanuck · · Score: 4, Insightful

    Imagine what would happen if terrorists took control of a train and flew it into a building!

    To be fair, look at Spain. A lot of people died on the trains. However it doesn't mean that I think law and security forces are not draconian and in short, fucking morons, for stopping these guys from photographing. They are helping the terrorists to win when they violate our freedoms.

    --
    -- I ignore anonymous replies to my comments and postings.
  11. Working definition of a police state by petes_PoV · · Score: 4, Insightful
    When officers can enforce their will, irrespective of it's legality. Extra points are given for not punishing said officers after the fact and even more for banning or "disappearing" any reporting of the offence either outright or under the veil of "security interests"..

    So far most democracies are somewhere between steps #1 and #2 most of the time. although they make more and more frequent excursions past step #2 and are always trying for their ultimate step #3 (it makes their lives so much easier).

    --
    politicians are like babies' nappies: they should both be changed regularly and for the same reasons
    1. Re:Working definition of a police state by SharpFang · · Score: 5, Insightful

      Oh, not quite! This is perfectly legal!

      You must follow orders of the officer if special circumstances occur.
      Refusing to follow orders of the officer (in -any- circumstances) creates said special circumstances.

      Catch 22 we can make up laws on the spot.

      Note there is no restriction on requirement of the orders being physically possible, and the police is entitled to use force upon failure to perform to orders.

      Catch 22 we can beat you if we like.

      You are free to refuse identification unless you create reasonable suspicion. By the act of refusing identification you create reasonable suspicion. You lose most of your rights the moment you try to assert them in similar way.

      Catch 22 we have a way around those pesky citizens rights.

      The definition of police state is not when the police can do illegal things and get away with them. That is just plain anarchy, a broken system out of control.

      The police state is when whatever the police does is legal, no matter what they do, and any action (or inaction) you take can be declared illegal (and punished accordingly), at will.

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      45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
  12. Seems to me photographers expose terrorists.... by Bob_Who · · Score: 4, Insightful

    Isn't that how it worked in this case? They revealed a camera, and all of the sudden they were terrorized by ignorant, arrogant, bullies pretending to "serve and protect" the public welfare of our citizens. I think its quite clear these cops are acting just like domestic terrorists - and paid for with our tax dollars! Who is in charge of our country anyway? Citizens or government bankrolled thugs without a clue?

  13. Re:Look at it like an airport... by Jason+Levine · · Score: 5, Insightful

    Which makes it even more odd that the people who are detained always seem to be using DSLR cameras. If you use a cheap point and shoot camera, you're likely to be left alone but break out the DSLR with a big lens and you'll get security guards demanding that you delete the photos or face Homeland Security. Meanwhile any terrorist who actually wanted to use photos to plan his attack would likely use a cell phone camera or easily-hidden point and shoot camera. Or maybe he'll just have a notebook and pencil and sketch the train station while appearing to be taking notes. Yikes! We'd better ban paper & writing implements in public areas! Quick, before the terrorists use them to destroy us all!!!!!

    --
    My sci-fi novel, Ghost Thief, is now available from Amazon.com.
  14. Re:Unfair by deniable · · Score: 5, Insightful

    Ah, complex laws. They have real and imaginary parts.

  15. Re:Look at it like an airport... by jimicus · · Score: 4, Insightful

    I am fairly convinced that a lot of it comes from two things:

    1. Deciding that a place needs more security, and hiring human security guards to provide it.
    2. Choosing strategically-shaven chimps as your security guards who feel the need to assert what little authority they're given. (This is more-or-less an inevitable consequence of the fact that most security work is badly paid and intensely boring - it's not the kind of thing that will attract the sharpest tools in the box).

    Authority recognises authority, and seldom undermines it. So when the chim^H^H^H^H security guards call for police backup, it's fairly common for the police to back up what they say even if it's patent nonsense. In essence, the law is decided on the fly by the security guard and by the time someone in a higher office has seen sense, it's already been splashed all over the media.

  16. The terrorists won. by miffo.swe · · Score: 5, Insightful

    This is just another example of how the western world has shown just how effective terrorism is. Especially if your goal is to make your enemy into a police state and loose every human right they once had.

    Free travel, the right to privacy, free speech, innocent until proven guilty all of them are on the way out. It wont happen over night but we are going there much faster than i thought people would allow.

    This was the very goal of the 9/11 attacks and we have taken the bait, hook, line and sinker.

    Biggest winner are China and other suppressing states that nowadays seem pretty innocent. Its very hard for other countries to demonize them when they in many regards are just as bad, compared to China they are just a lighter shade of gray.

    In essense its like a criminal complaining when someone steals something from them.

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    HTTP/1.1 400
    1. Re:The terrorists won. by Animats · · Score: 4, Informative

      This was the very goal of the 9/11 attacks and we have taken the bait, hook, line and sinker.

      That's what bin Laden wrote, years before 9/11. That was his plan. Read Bin Laden: The Man Who Declared War on America., published in 1999.

  17. Re:It's the sun by iamhigh · · Score: 4, Insightful

    His choice of adjectives (and quite frankly, what adjective isn't open to deliberate misinterpretation here?) had nothing to do with the causation of the incident,

    That's the whole point. The addition of "of color" added absolutely nothing to the discussion. To an American it immediately invokes "colored", and it would be fair to assume he meant the guy was black. But the real catch is why did he choose that adjective? Why not "of height" or "of great mass"? What exactly did his ambigous adjective add?

    It added a tone of racism, as if the color of his skin had to do with act of the person. Let's not try to support a racist comment.

    --
    No comprende? Let me type that a little slower for you...
  18. Re:No by joebagodonuts · · Score: 5, Insightful

    Wrong - since there is nothing prohibiting their photography they should've been left alone. There is quite a bit of US law that allows public photography. There is no need for "Written permission". We already have it.

    But, because of stupid fears we have more bureaucracy, and an increase of the idea of "Any behavior that isn't specifically allowed is prohibited!". The problem here is that isn't how our law actually reads. Not in America. Not yet.

    Which was the point of the exercise - to highlight the fact that in actual practice we have a situation where citizens engaged in legal behavior in a public place are having that legal behavior stopped by the threat of force. Employees of this private security firm are not legally empowered to take away the rights of citizens in a public place.

    After reading the article, the utter stupidity of this situation is heartbreaking. The motive here isn't to protect the train station. Nor is it to protect the citizens. Every employee of this private security firm just wants to cover their ass - to not lose a paycheck. A classic example of bureaucracy in action.

    --
    "Give a woman two glasses of wine and some pad thai, and they'll agree to just about anything." the Sports Guy
  19. Re:No by 0100010001010011 · · Score: 4, Insightful

    Second where the two photographers screwed up is they never had written permission to photograph/videotape the facility.

    That's the point. They DON'T NEED PERMISSION. By default they have permission to film anything they want in public. Police, Rail stations, Nuclear power plants, etc. They just shot an e-mail off making sure that the security chief knew the law.

  20. Re:No by jafiwam · · Score: 4, Interesting

    The principles and specific laws of the United States say they can take photographs without written permission from some bureaucrat you fucking fascist. They should get in as much trouble as they can, then sue the shit out of the City, Metro Authority and police.

  21. Re:No by ceoyoyo · · Score: 5, Insightful

    Did you read the article? Did you read the post I replied to? It doesn't sound like it.

    The GP said "the only way to really fix this is to go ahead and get arrested." We both realize they didn't get arrested, because we both read the article. Your "first of all" is meaningless.

    "Second," the photographers did NOT screw up by not getting written permission. They asked whether photography was allowed, and were told that yes, it is. That is, they were told they didn't NEED written permission (or any other kind). The point they were making is that security and the police are being overzealous, enforcing laws and policies that don't exist. It was not to acquire pictures of the Miami metro system.

  22. Re:What is so strange about this? by Becausegodhasmademe · · Score: 4, Insightful

    Sorry, but if you Merikans want to go ahead and play Terrorist Top Trumps, we've got about 150 years of history with the Provisional IRA to play with.

    http://www.knowledgerush.com/kr/encyclopedia/List_of_terrorist_attacks/

  23. Re:Then Why? by bsane · · Score: 4, Funny

    Then why did they take the hard copy of the email with them in the first place?

    To test the limits of law enforcements stupidity.

    Someday we might find that limit... I'm not hopeful though.