Posted: 16 Feb 2009, Mon 6:19 pm Post subject: Your Rights With Police and Video Taping
I'm no lawyer, but as a working photographer, I try to understand the law as it applies to digital photography as best I can. That's no easy feat: Laws are often confusing, and a lot of people rely on "common sense" when it comes to guessing what's legal. But sometimes the law doesn't always make sense. A while back I wrote two articles on the subject: "Your Photos, Your Rights, and the Law," and "More on Your Photos and the Law." I recently heard about a few incidents that made me think it's time to take another look at the legal side of photography.
There's a lot of confusion about what's legal to photograph and where it's okay to use a camera. This has gotten even more challenging in our post-9/11 world, in which some people are suspicious of anyone with a long lens.
Photography's Golden Rule
The most important thing to know about your rights as a photographer: In general, you can photograph anything or anyone as long as you are on public property. Public property includes city streets, municipal parks, and national parks and forests. Nonetheless, Internet photography forums are chock full of tales about people who have been challenged or harassed when using a camera in public. Check out dpreview.com for an example of this sort of thing.
It's important to realize that public property does not include places like the mall, parking lots, churches, or amusement parks. These might appear to be public locations, but they are actually private property--and management can tell you to put the camera away or ask you to leave.
Nonetheless, many interesting events happen on public property. Auto accidents, fires, and crimes in progress are all the sorts of things that we photographers would be thrilled to capture with the camera stowed in the glove compartment. Be smart about how you do this, though: Keep a respectful distance; stay out of the way of emergency responders; and never cross a police barricade.
What to Do When Challenged
Unfortunately, law enforcement does not always understand your rights as a photographer. Photography forums are also brimming with tales about people who have been stopped, questioned, and sometimes even detained by police when using a camera in public. It's understandable: Police officers cannot possibly commit thousands of laws to memory, and consequently they have to react to real-world situations using their own judgment. If you're shooting photos near an auto accident, for example, and a police officer orders you to stop, my advice is to comply. There will be opportunities to lodge a complaint with the police or educate your local sheriff's office about First Amendment rights. In the moment, though, being obstinate can get you arrested for failing to comply with the direction of a police officer, which is a separate and very punishable offense.
While being challenged by the police can be frightening, being confronted by ordinary citizens can be just as problematic. A friend of mine recently went to see a concert and was told he couldn't bring his camera inside since he was clearly a "professional photographer." When he pressed the bouncer for more details, he was told that the camera lens had to be shorter than an inch. The club's intent was obvious: They wanted to limit photography to point-and-shoot cameras and mobile phones. However, the rules were confusing and unlikely to produce the desired effect. Case in point: My friend put a short lens on his digital SLR and had his girlfriend carry the telephoto lens in her bag.
Of course, the bouncer was within his rights to impose rules for using cameras within the club. One thing he can't do: Confiscate the camera or your memory card. If you'd like to read more about your rights, and possible remedies if your rights get trampled, visit The Photographer's Right, a Web page maintained by a real lawyer--so you can trust what he says a lot more than me. The page even contains a downloadable summary of your rights and what to do if you're challenged. I highly recommend reading it carefully.
There Are Always Exceptions
Even though the general rules about where you can photograph are pretty simple, there are always exceptions and complications. Even from a public road, you can't necessarily photograph government and military buildings, for example, and local statutes may apply. New York City is embroiled in an effort to limit public photography, for instance. See "Picture New York Without Pictures of New York" for a fascinating look at how photo rights in the Big Apple are changing.
(Terrorism) noun: the use of violence (or threat of violence) by a person or an organized group against civilians in order to attain goals that are political or religious or ideological in nature; this is done through intimidation or coercion or instilling fear.Doesn't that sound like what our government does to its own citizens?
"When the people fear their government, there is tyranny; when the government fears the people, there is liberty." - Thomas Jefferson
Last edited by WaTcHeR on 15 Nov 2009, Sun 3:09 pm; edited 1 time in total
Posted: 24 Mar 2009, Tue 8:17 pm Post subject: "On the job, on the record"
"On the job, on the record"
_________________ Cops that lie, should die!
(Terrorism) noun: the use of violence (or threat of violence) by a person or an organized group against civilians in order to attain goals that are political or religious or ideological in nature; this is done through intimidation or coercion or instilling fear.Doesn't that sound like what our government does to its own citizens?
"When the people fear their government, there is tyranny; when the government fears the people, there is liberty." - Thomas Jefferson
(Terrorism) noun: the use of violence (or threat of violence) by a person or an organized group against civilians in order to attain goals that are political or religious or ideological in nature; this is done through intimidation or coercion or instilling fear.Doesn't that sound like what our government does to its own citizens?
"When the people fear their government, there is tyranny; when the government fears the people, there is liberty." - Thomas Jefferson
What is it the Police are so afraid of? If they are upholding the law, and obeying their sworn oath to the Constitution, they shouldn't have anything to worry about. _________________ Cops that lie, should die!
(Terrorism) noun: the use of violence (or threat of violence) by a person or an organized group against civilians in order to attain goals that are political or religious or ideological in nature; this is done through intimidation or coercion or instilling fear.Doesn't that sound like what our government does to its own citizens?
"When the people fear their government, there is tyranny; when the government fears the people, there is liberty." - Thomas Jefferson
(Terrorism) noun: the use of violence (or threat of violence) by a person or an organized group against civilians in order to attain goals that are political or religious or ideological in nature; this is done through intimidation or coercion or instilling fear.Doesn't that sound like what our government does to its own citizens?
"When the people fear their government, there is tyranny; when the government fears the people, there is liberty." - Thomas Jefferson
Boston Cops are the biggest pussies in America! Boston Cops harassing me for taking photos of perp that knocked down a cyclist. Cops like the one in the video should have their nuts cuts off for treating American citizens that way. _________________ Cops that lie, should die!
(Terrorism) noun: the use of violence (or threat of violence) by a person or an organized group against civilians in order to attain goals that are political or religious or ideological in nature; this is done through intimidation or coercion or instilling fear.Doesn't that sound like what our government does to its own citizens?
"When the people fear their government, there is tyranny; when the government fears the people, there is liberty." - Thomas Jefferson
Digital audio recorder in pocket earns man wiretapping charges
Got a digital voice recorder like one of these? Watch out how you use it or you could land yourself in scorching legal trouble. One man recently found that out the hard way, after he was arrested and discovered to be recording the goings-on with just such a device in his pocket. Not only is he now facing charges for disorderly conduct, resisting arrest, and trespassing, he's also charged with unlawful wiretapping and possessing a device for wiretapping.
The story goes that one Chi Quang Truong was embroiled in a dispute with a Massachusetts auto service center, which didn't repair his car as quickly as Truong wanted. Truong got into a verbal scuffle with the service shop and the police were called. Apparently Truong was recording all of this -- for reasons unknown -- using a device stowed in his pocket, and cops added the wiretapping charges to his rap sheet during his arrest.
But wait a second: Don't you need a wire to get charged with wiretapping? I thought so too, and the theory here is that since Truong didn't have explicit permission to record the conversation (memories of Linda Tripp), he was slapped with the additional charges. In 12 states (California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington) you're required to get the permission of all parties on the line before making any kind of recording. In the rest of the country, any single member that's part of the conversation can legally record it without consent from the other parties. And as Network World notes, wiretapping laws largely extend to in-person communications now, so no wire is required.
Still, does the punishment really fit the crime? Wiretapping is a class D felony, and that can mean (based on my admittedly limited understanding of criminal statutes) up to 12 years in prison. While Truong is unlikely to face anything that severe (and, in all probability, will have the wiretapping charges dropped as his prosecution progresses), he probably shouldn't be facing charges for any of this. And "possession of a wiretapping device"? Yikes. Even my iPhone has a voice recorder feature built in. I'm in possession of such a device any time I step out in public.
Check your own pockets, briefcase, purse, or backpack: You might be a criminal!
(Terrorism) noun: the use of violence (or threat of violence) by a person or an organized group against civilians in order to attain goals that are political or religious or ideological in nature; this is done through intimidation or coercion or instilling fear.Doesn't that sound like what our government does to its own citizens?
"When the people fear their government, there is tyranny; when the government fears the people, there is liberty." - Thomas Jefferson
(Terrorism) noun: the use of violence (or threat of violence) by a person or an organized group against civilians in order to attain goals that are political or religious or ideological in nature; this is done through intimidation or coercion or instilling fear.Doesn't that sound like what our government does to its own citizens?
"When the people fear their government, there is tyranny; when the government fears the people, there is liberty." - Thomas Jefferson
(Terrorism) noun: the use of violence (or threat of violence) by a person or an organized group against civilians in order to attain goals that are political or religious or ideological in nature; this is done through intimidation or coercion or instilling fear.Doesn't that sound like what our government does to its own citizens?
"When the people fear their government, there is tyranny; when the government fears the people, there is liberty." - Thomas Jefferson
(Terrorism) noun: the use of violence (or threat of violence) by a person or an organized group against civilians in order to attain goals that are political or religious or ideological in nature; this is done through intimidation or coercion or instilling fear.Doesn't that sound like what our government does to its own citizens?
"When the people fear their government, there is tyranny; when the government fears the people, there is liberty." - Thomas Jefferson
(Terrorism) noun: the use of violence (or threat of violence) by a person or an organized group against civilians in order to attain goals that are political or religious or ideological in nature; this is done through intimidation or coercion or instilling fear.Doesn't that sound like what our government does to its own citizens?
"When the people fear their government, there is tyranny; when the government fears the people, there is liberty." - Thomas Jefferson
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