Police Allegedly Threaten A UK Photographer With Seizure Of All His Computers (wordpress.com)
Andy Smith is a Scotland-based news photographer (and a long-time reader of Slashdot). He writes
Recently the police wanted to seize some of my work photos to use as evidence in a prosecution... Rather than trying (and likely failing) to get a warrant to seize the photos, the prosecutor used a tactic that nobody had heard of before: He got a warrant to seize all of my cameras, computers, memory cards, etc, even though the photos were in a secure location, not at my home or in my possession. I was then given 24 hours to retrieve and hand over the photos, or the police would raid my home and take everything, effectively ending my career.
His blog post describes erasing every computer and memory card, though he believes the police only wanted the leverage that came from threatening to seize them. But the journalists' union advised him to surrender the photos, since otherwise his equipment could be held for over a year -- so he complied. "I regret my decision. Everyone on this side of the case has reassured me that it was the right thing to do, but it wasn't."
"As for the warrant, it remains active, with no time limit. I now conduct my work knowing that the police could raid my home at any time, without warning, and take everything."
His blog post describes erasing every computer and memory card, though he believes the police only wanted the leverage that came from threatening to seize them. But the journalists' union advised him to surrender the photos, since otherwise his equipment could be held for over a year -- so he complied. "I regret my decision. Everyone on this side of the case has reassured me that it was the right thing to do, but it wasn't."
"As for the warrant, it remains active, with no time limit. I now conduct my work knowing that the police could raid my home at any time, without warning, and take everything."
Preferably in a secure location, in a country where it's unlikely that some bully government can get their way.
I suggest Iran.
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
Cops are thugs. Fuck em!
The US constitution (4th am.) would prevent this. So the cops would have taken them using civil forfeiture instead, sold them, and spent the dosh on hookers and blackjack.
Confucius say, "Find worm in apple - bad. Find half a worm - worse."
Any time you deal with the cops, you've already lost. Hell, in some places in the US, they send kids to jail and then bill their parents for the jail stay when the kid is found innocent. And inner-city cops have a saying: "you can beat the rap, but you can't beat the ride".
Of course, if this were in the US, the police might just seize everything anyway, hold a trial against the property (instead of against the photographer) and then auction it off for profit.
And the saddest part is, this is still well above average for a justice system.
The World Wide Web is dying. Soon, we shall have only the Internet.
Was there ever a better incentive for a comprehensive off-site backup program?
I've calculated my velocity with such exquisite precision that I have no idea where I am.
In most countries and states police use overbroad warrants to as a sort of pre-emptive retaliation for the likelyhood that they will fail to get court approval for the illegal or unconstitutional nature of their goal. How come citizens cant do the same thing to the police?
What sort of legal bullsh$t can be done to f$ck up their shit?
Some security controls are preventitive which in this instance seems like it would need to be pre-emptive?
That seems like it would equate to an injunctions of some sort? Does anyone know of anyone ever attempting to get an injuction against the police breaking the law?
Violating an injunction would likely result in some sort of contempt of court.
You can't beat yourself up for what dick heads do man. Just remember enforcement of law always comes down to someone holding a gun to your head. Its basically like you complied with a robber which is the smart thing to do so don't beat yourself up over your decision.
Photographer refuses request to assist police but gives them cause to worry that he'll hide or destroy evidence in the process. Cops get warrant. Photographers' union tells him to stop being an idiot. Photographer posts his version of the story on Slashdot because that'll really teach the cops a lesson and show them whose boss...
Why didn't you assist the investigation by giving them copies of the photos? You are informers of the public, police being among them. There is no way around it and if a suspected criminal wants to cover an identity or an event during an interview, he or she can simply ask for blurring, destruction or avoiding the filming altogether. You are an eyewitness in any case.
Was this illegal activity that might have been captured on video, or was it some kind of security service activity that the authorities didn't want to see the light of day?
The real "Libtards" are the Libertarians!
There are many reputable providers and almost all of them offer some combination of common features including automatic scheduled backups of either the entire computers or selected drives/folders, versioning of backed up files, handy client software and web interface to facilitate the process, encrypted storage and secure access. Can the government still get your files if they really want to? Yeah, probably, but it seems to me that the main goals here are twofold:
1. A secure offsite backup to prevent theft or loss of data by misadventure, equipment failures, fires, viruses, etc.
2. To remove the sting from any police threat to seize the physical equipment, at least from a data loss point of view.
Finally, with regard to the physical loss of the equipment for a year or more, it should be possible to purchase an insurance policy against this for a relatively modest periodic fee. If I were Mr. Smith, I would speak with an insurance agent about this possibility. The policy should cover the cameras, computers, memory cards, etc. I would think that this kind of equipment insurance is common among professional photographers. If the policy doesn't cover police seizures already, it may be possible to purchase a rider on the policy to cover that. A good insurance agent should be aware of all the options and how to get it all set up.
No I dont want no thugs,
a thug is a COP that cant get no love from me.
Riding high in the backseat of his ride,
tryin to fondle me.
A COP is a guy who isnt kind, ...blah... ...blah...
also known as a crime dustuh,
no, I dont want a ticket.
no, dont look at my plates
no...blah...blah
>coöperated
Explain the umlaut here.
I wanna know why this person has evidence for a criminal prosecution and refuses to cooperate? Where is the rest of the story with this person? I am pretty sure the police first choice was not to obtain a blanket warrant for all his equipment. I never like one sided stories because they are typically a skewed version.
> Rather than trying (and likely failing) to get a warrant to seize the photos, the prosecutor used a tactic that nobody had heard of before: He got a warrant to seize all of my cameras, computers, memory cards, etc
It's known as a writ of assistance and it was part of the reason why we sent a loud Fuck You to His Royal Majesty, by the Grace of God, Defender of the Faith, King George III.
In French, an umlaut indicates that the vowel is to be separately pronounced, as opposed to being pronounced as part of a dipthong (see Noël). In this instance it indicates that the pronunciation is "co-op" as opposed to "coop" as in "chicken coop". That said, an umlaut is not a component of English so who knows why they are using it.
It's not an umlaut, it's a diaresis.
Confucius say, "Find worm in apple - bad. Find half a worm - worse."
From you blog...
I'd just finished covering a trial at the local sheriff court when there was an altercation between people involved in the trial. I photographed the incident.
Why not just PUBLISH the photos?
It happened in the public court.
Publishing would give the police, and everyone else access to what happened that day.
As a reporter why would you take the photo's and then try and hide them? Did you maybe have an interest in protecting one of the parties involved?
I have to return some videotapes...
That said, an umlaut is not a component of English so who knows why they are using it.
To make it more mëtäl?
SJW n. One who posts facts.
Sorry about your spelling and punctuation problems and all the cognitive problems they imply.
Please do not read this sig. Thank you.
Something sounds fishy about this. I have a feeling we aren't getting the whole story out of this. Face it, human beings are by nature energy conserving (read lazy) and it would have been a lot easier to ask first, then get the production order. The press hands over photographs and videos to the police as evidence all the time without any problems. Why is it they are trying to make an example out of him? Or has it been he's been doing his best to make trouble for authorities and this is just a clever excuse? It's probably somewhere in between the two extremes, but how far one way or the other is going to be hard to determine with the limited, one sided information that his post gives out.
Remember, understanding is a three edged sword: your side, their side, and the truth. (with apologies to JMS)
Beware of Sales Reps bearing gifts.
It's not an umlaut. There are no umlauts in English. Coöperate isn't a German word.
it's a diaeresis. It's tells the reader that you pronounce the second 'o'. It's not pronounced coop-er-ate, it's pronounced co-op-er-ate.
It's most commonly seen in scholarly papers, and in the New Yorker magazine, where it's the 'house style'.
If the prosecution, i.e. Queens Counsel, in a criminal trial wants his photographs to use as evidence against someone else, I would expect them to subpoena them.
What they don't do, AIUI, is have the police get a (search) warrant to search the home of an innocent third party. for "evidence".
Maybe standards have slipped in the UK, but I really can't imagine a judge in Scotland approving such a warrant. Some other places in the world I can see it happening, but I wouldn't have thought in Scotland.
But IANAL, not in Scotland, not anywhere. (Even though I play one on TV)
What sort of an ass are you actually?
You are "press" yet no-one gets to see your "material"?
As far as that sheriff is concerned you have witnessed an event and if you have material evidence that can help someone solve the case then you are a proper cnut for not giving them the photos straight away.
"Press impartiality"? To what? You witness an event and you report on it publicly, what exactly is partial in that?
Moaner.
In Canada especially in BC civil forfeiture is now being used as a punishment in some cases when the crown lost the case. Its sounds crazy but http://www.cbc.ca/news/canada/... there are other cases and even judges has stated on record that what the Civil Forfeiture office is doing goes beyond the punishment but the judges are power less to over turn it.
by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
http://www.cbc.ca/news/politic...
by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
I never understood why people living in totalitarian regimes complain about not being able to have free speech. Right now you have the ability to leave your country and go to one where you can do your job without being persecuted (as much). Let the UK slowly shrivel with its backwards laws and misguided ideals. It will naturally crumble when its citizens won't be able to support it.
Maybe because he would rather stay and fight those destroying his native country that he loves rather than flee and allow the descent into totalitarianism to proceed unopposed? To where will people flee when the last relatively-free nation(s) joins other less-free nations (the world's majority) in oppressing the people? Fleeing is a temporary solution at best, and submission to tyranny at worst.
There are only a small handful of nations which are relatively "free". We're each already at our 'Alamo' and we'd better defend them and our freedom, as there's rapidly becoming nowhere left to flee to escape.
Strat
Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
Diaeresis#English
even better, you can use cryptologic secret sharing methods to split backups between multiple locations so that all files are needed to access the data.
It will take cooperation of, say, the US, China, Iran and Russia to get access.
does this asshole knows it's impossible o erase data from a memory card?
LOL, a memory card is non-magnetic storage, it's all electrical. You can fill up the entire card with other files, it'll write over all the old content. There is no magnetic residue left over like the old harddisk system with a spinning magnetic disk where you could find earlier data due to misalignement over the years.
What this world is coming to - is for you and me to decide.
.....and of course the fox raided the chicken coop. Guard Dog=Citzens of the UK Fox=Your government
I took advice from the National Union of Journalists, who advised that there is a standard procedure in such cases: The police issue what is known as a production order, then the photographer either co-operates or the union contests the order. We told the police that the photos wouldn’t be handed over voluntarily. The only copy of the photos was placed in a secure off-site location.
It was at this point that events took an unexpected turn. The police chose not to issue a production order. Instead, the Procurator Fiscal (the Scottish equivalent of the Crown Prosecution Service in England, or the District Attorney in the United States) applied for a warrant to raid my home and seize “if necessary by force” all of my electronic equipment.
It sounds like there was more to his discussions with the police than he lets on here, and he doesn't say whether he told the police that he'd moved the photographs offsite. I get the impression he was being a dick about it so the prosecutor (not the police) got a warrant to seize everything that might contain the photographs instead of just the pictures.
Sell all of your equipment. To a friend, to a family member etc. Sell it all, have everything in writing.
Who logs in to gdm? Not I, said the duck.
Sounds like it's the EU that needs to build a "big, beautiful wall".... It shouldn't be that expensive, because the Greece/Bulgaria border with Turkey isn't that long; it looks like roughly 200 miles judging by a map. Or they could just invade Turkey and seize most of the European part, short of Istanbul; then they'd only need a wall about 25 miles long.
Is there a reason I can't understand what you are saying?
Would you please continue the petty bickering? I find it most intriguing.
Another Glorious Triumph for the National Socialist Scottish Workers' Party and Police Scotland. All hail the victory of True Scottish National Socialism and the Almighty, 1000 year blockhouse blockhead Fuhrer, Mrs Rab C Nesbitt!
Fuck you, commoner, that's why.
In the USA they don't even give them back.
Harriet Tubman was just a local community activist. The "Underground Railroad" mythology comes from a Coca-cola advertising campaign dating to 1913 wherein they use her name and likeness.
"As for the warrant, it remains active, with no time limit. I now conduct my work knowing that the police could raid my home at any time, without warning, and take everything."
"The voice from the telescreen was still pouring forth its tale of prisoners and terrorisim and slaughter, but the shouting outside had died down a little. The waiters were turning back to their work. One of them approached with the gin bottle. Winston, sitting in a blissful dream, paid no attention as his glass was filled up. He was not running or cheering any longer. He was back in the Ministry of Love, with everything forgiven, his soul white as snow. He was in the public dock, confessing everything, implicating everybody. He was walking down the white-tiled corridor, with the feeling of walking in sunlight, and an armed guard at his back. The long-hoped-for bullet was entering his brain."
Welcome to the world all of your fuckers created.
Do not look at laser with remaining good eye.
Fortunately, in the Real World, there are people who don't know better. People like Gandhi and Martin Luther King. People like the US Founding Fathers. Even people like Fidel Castro (you don't have to be a Good Guy to fight the state).
You may not lead a long and happy life, but at least you're not likely to be forgotten by History as merely another Jew queueing up to get into the boxcar.
Exactly the kind of thing a liberal would say! :P
Requiem for the American Dream
It's almost as if the terms are nothing but a distraction from the issues deployed by those with an interest in the issues being free from scrutiny.
Requiem for the American Dream
It's a diæresis, and it's English's only native diacritical mark.
Civilized countries have a way to send their police to prison for this kind of terrorism.
Aparently the UK is not a civilized country.
I will resume purchasing British products when these cops are on trial.
Those pesky Russians, oppressing journalists and blackmailing them with crazy warrants. We should enact some more sanctions against them!
it's English's only native diacritical mark
M' learnèd friend is perhaps forgetting the grave accent?
Ah! I was naïve.
The photographer had photos documenting an event. The event happened. The police want the unbiased document.
If neutrality is so important, also offer exactly the same to the accused.
I guess for the same reason as the New Yorker
Personally, I think this is hokum. I am perfectly aware of what "cooperate" spells. Most people do.
Wow, a bit contemptuous of Jews much?
Why so anti-Semitic?
Well, if I'd said "another black person lining up for the slave ship", you'd have probably called me racist. The point isn't the race, nationality or religion of the person, it's whether they accept their fate meekly or they fight back, even if they'll ultimately lose.
...is that it was not seizing but theft, it was computers and cards and were just taken without any warrant nor any indication it was some authority, which can of course be accessed formally and keeps matters public if need be. And is findable. And no, I would not erase my computers nor cards nor drives, the photos are to be followed according to the meaning I can give them. Some, most of them even. So the implication is that these people heard of THIS case and are mimicking. False news? Could be. That neither computers nor cards were, are, in my possession is what was not seizing but theft, and does turn the thieves into my almost something! I ve seen that trick before, Lump Together, they are all a group and... the tactic is African in essence. So now leads trail somewhere else, and my case? Confused with this one. So may be playacting or really enacting or trying to find WHO to **make the rumor** real, which is a technique of displacement. No doubt this theft can even reach across continents, after all, it is the first time it is happening to Humanity, NEARLY ALL PICTURES TAKEN ARE IMPORTANT DESPITE THEIR OVERALL NUMBER. So what do they want to investigate? They will understand nothing without an ordering tool, most likely. This news should come with picture samples. There is style in Photography, no doubt. Consider any attack against pictures a Muslim inspired attack.