Philly Transit Cops Add Photog to Terrorist Database

While some of us celebrated the fact that the Department of Homeland Security acknowledged last week that photographing public buildings is legal, most of us are unaware that the DHS is creating a national database of people committing “suspicious activity.”
This, of course, includes photographers.
Pennsylvania photographer Scott Frederick reports on his blog that he was confronted on Tuesday by two Philadelphia Transit police officers as he was taking pictures on his way down the stairs into the city’s subway.
The officers demanded his identification, informing him that he was going to be added to the “Terrorism Data Base.”
I asked if it was against the law to photograph in the underground, and he said some song and dance about the Madrid bombings, etc. I figured I was going to receive a citation or a warning. I was asked for ID, and I cooperated with the officer. He then began to tell me how I was going to be added to the Terrorism Data Base. I couldn’t believe my ears, but I didn’t want to start any trouble.
This database is described in detail on the Center for Investigative Reporting.
Federal officials are closer to establishing what amounts to a nationwide database of so-called “suspicious activity reports” that describe possible evidence of terrorist attack planning. Reports will be submitted not just by state and local police and agencies within the Department of Homeland Security, but also private corporations that control economic and infrastructure assets considered high-profile targets for terrorists.
A required public notice surfaced one day before the nine-year anniversary of Sept. 11 confirming that DHS would be finished implementing its own internal database of suspicious activity reports by mid-October. Contents will flow in from DHS personnel at the Coast Guard, Border Patrol, Transportation Security Administration and other agencies housed in the department.
I guess the thing to do is to refuse to provide identification if you know you are not breaking the law.
This could get you arrested — even though there is no legal basis for it — but it could also overwhelm the officers into releasing you, as we have seen in the past.
Fujifilm's X-Pro1, now M Mount friendly
Olympus' Micro Four Thirds 75mm prime
Can you fix the focus on a blurry photo after the fact?
The birth of Mirrorless Cameras
The Joy Of Winning A Photo Contest
Choosing your first dSLR camera
New York City can be beautiful!
Choosing the Right Light Stand
Photojojo iPhone Telephoto Lens review — AudioCast
My week with Q
How To Become A Successful Photographer
"When the Wind Stopped" — poem with 4 photos
Creating The New Family Portrait
Tips for Textures
Cast aways - saving those photographic memories
One Man Show: My 25 Years With Digital Photography
Studio, Flash, & Available Light — Three Books Reviewed
Portrait styling: dangerous pairings
Adobe Photoshop CS6 Product Managers Interview Audiocast
A gift of flowers: unfold your senses
On Set of "Love & Robots" the Film
No-Brainer Setup For A Digital Photo Frame Exhibit - Part 3











Planning “National Geographic” style photo travel
Wilderness Travel 1 Rainforests – Essential Gear
Backlighting Basics
What Moves You?
FIGURES IN MOTION: Decades of Evolving Personal Imagery in Photography, Part 7
Lomography Store, Austin, Texas — GALLERY
GALLERY — Up to $1,000 Reward for Cattle Rustlers
25% off on photography eBooks
eyePhone: The eBook for iPhone Photographers
Interview with Harold Davis — Closeup Maestro of Flowers & Water Drops
Interview with Steve Caplin — Photoshop Digital Artist, Commercial Illustrator, & Author
A Brief History Of Light & Photography: Part 3 of 3
A Brief History Of Light & Photography: Part 2 Of 3
Easy technique to select, edit and sequence keywords for web
How much should you charge for a photograph?






























Comments
I think people listed in this database should have a serial number tattooed onto their arm and be forced to wear an armband whenever they are in public. That way, the general population can help track and keep an eye on their activities. Heaven help you if you are not carrying papers or other ID when stopped for legally taking photographs.
"I think people listed in this database should have a serial number tattooed onto their arm and be forced to wear an armband whenever they are in public."
Did you see Idiocracy? In 2500 we'll all have
zebra codes tattooed on our arms and scanners
will be positioned everywhere. Missed that
court date for Speeding?? Jaywalking?
WARNING WARNING DANGEROUS FUGITIVE !!
So the thinking is, if you are photographing public buildings and landmarks with a big bulky camera, protruding lens and cumbersome tripod, you must be clandestinely scouting potential targets.
Makes perfect sense.
Harassing photographers or sticking their names into some database is flatly unconstitutional. You have a right under the 1st Amendment to take pictures of whatever you can see. The Philly officers just might be liable for damages in a civil action for deprivation of your civil rights, pursuant to 42 U.S.C. § 1983.
If showing your ID in a Terry stop will get you into an anti-terrorist database of suspicious activity, the Fifth Amendment would definitely give you grounds for legally and legitimately refusing to identify yourself. Any arrest for legitimate exercise of Constitutional rights is by definition a false arrest.
The law of unintended consequences applies to everyone, after all. I find if amusing that the thing that may finally abolish Terry stops is an anti-terrorism measure.
Actually that brings up an interesting point, in the recent Hiibel decision the SC stated:
"(c) Hiibel’s contention that his conviction violates the Fifth Amendment’s prohibition on self-incrimination fails because disclosure of his name and identity presented no reasonable danger of incrimination. The Fifth Amendment prohibits only compelled testimony that is incriminating, see Brown v. Walker, 161 U.S. 591, 598, and protects only against disclosures that the witness reasonably believes could be used in a criminal prosecution or could lead to other evidence that might be so used, Kastigar v. United States, 406 U.S. 441, 445. Hiibel’s refusal to disclose was not based on any articulated real and appreciable fear that his name would be used to incriminate him, or that it would furnish evidence needed to prosecute him."
The existence of this list would seem to put even stop and identify statutes at risk per "protects only against disclosures that the witness reasonably believes could be used in a criminal prosecution or could lead to other evidence that might be so used".
Also, I would think that there would be serious due process issues (just like all the current "lists") that could render it largely ineffective.
I agree it could seriously affect Terry stops, per the Hiibel decision they didn't take the position that there were NO circumstances that the 4th/5th amendment could be used to overcome S & I statutes, just that Hiibel's reason wasn't concern over incrimination but that it "was none of the officer’s business".
Decision:
http://www.law.cornell.edu/supct/html/03-5554.ZS.html
Read for yourself..
The Hiibel case was one of the things I was thinking of as I made my above post, I just didn't have the citation handy.
It does look like the new DHS database may well have finally given everyone in the country a valid reason to refuse a Stop & Identify check though. It would depend, I imagine, on whether or not there is some minimum threshold of suspicious action to get into the database.
If you can get onto it simply because a badly educated cop thought exercise of rights was suspicious, or as a punitive measure (a new form of contempt of cop), then the Fifth Amendment would absolutely shield you from the requirement to identify yourself, even at the state law level. If your "suspicious activity" only gets you in the database if you're arrested and convicted, that would probably not abolish the Terry stops.
Harassing photographers or sticking their names into some database is flatly unconstitutional. You have a right under the 1st Amendment to take pictures of whatever you can see. The Philly officers just might be liable for damages in a civil action for deprivation of your civil rights, pursuant to 42 U.S.C. § 1983.
I agree with the Philly cops. Taking photos of wheelchair accessible ramps is clearly an act of terrorism, and the photog should be sent to Gitmo immediately. Oh yeah, this makes perfect sense...
I totally agree with Dave Clark's comment
This should have been made Public to all photographers
out there so they knew about this. Not to be minding your own Business & taking Photos & then the Transit Police officer's want to add Scott's Name to the Terrorism Data Base
I never heard of such a thing its ridiculous They better come up with something better & leave the Photographers
alone Scott was not committing a crime just trying to enjoy his day off & pursue his passion taking a Photo
While theres no evidence whatsoever that ANY terrorist attack involved photo reconnaissance, the FBI just changed that. In the recent arrest of the terrorist in DC, the FBI set up covert meeting places and asked him to gather photo's of potential targets. So keep this in mind, terrorist's do take photo's of their targets now, but only when working for the FBI...
http://washingtondc.fbi.gov/dojpressrel/pressrel10/wfo102710.htm
I think Frederick was a fool for giving the PTP his I.D.. Hasn't he ever read PINAC? All the cops did was ask for his I.D. and he gave it to them willingly. I commented on his blog "You don't have to show I.D." and he came back "Oh yes you do". This is one of the guys who's hurting the cause.
I think when your put in a situation like that & you don't know what they are going to do it was easier to Comply with what they wanted & Sure they told him he had 2 show ID to make sure who he was & not get himself arrested And don't think Frederick is hurting the cause
by any means
That's my point. Because he was ignorant of his rights he complied with their request and now he is on a watch list. Because of his ignorance he didn't assert his rights and the cops will be more emboldened to do more of the same.
Know he didnt know his rights & if he did he wouldn't be in this situation But I agree with your points we learn from our mistakes
Reminds me of a quote...it's very good advice:
An intelligent man learns from his mistakes. A wise man learns from the mistakes of others.
And by creating this list of "suspicious activity" they're effectively just creating a haystack of false positives to hide needles in.
Except there don't appear to be any actual needles, except the fake ones the FBI creates (as nevernot points out above.)
Now it's not just "never talk to the police," it's "and never give them ID if you can avoid it, too."
But this list isn't like the no fly list where they just have names like "John Smith", so very guy with that name get hassled. They have Fredrick's full name, full address and his drivers license number. They can find out everything about him now. Also, if he ever has contact with the police again they go "Oh, your the same Scott Fredrick that was lurking around the subway taking pictures, we're going to have the FBI question you".
It's worse than the no-fly list too. You can avoid the no-fly list by not flying. But short of not breathing, how do you avoid a suspicious activity watch list that you can get onto for NOT breaking any laws?
Very Good Comment
Quoted from my blog.
"I must admit I don't know much about Photographer's rights when it's mixed with authority trying to adjust the system. I do come from the school of not playing hard ass with the police. As I look back at what I could of or couldn't of done, and I honestly thank all of you for your input! I chose what I chose. I can say this much in Philadelphia the cops don't fuck around, and I could of chosen to refuse my ID. HOWEVER!!! I never thought I'd be submitting it for a Terrorism Data Base document. I was more concerned about getting home to pick up my little girl from school. So forgive me all you hardcore know it alls out there about RIGHTS. What I know is photography, and I know it damn well. I encourage you to learn a few things from me."
Now we're even, Peace!
Very Well said & again No one knows what they would do in a situation like your's So you did what you thought was best at that time Keep up with your outstanding Photography Photo's Scott Frederick
thats a killer pic too! well worth the grief!
must have been shot with a nikonnnnnnnnn
This reeks of McCarthyism.
Whats next? Witch Trials? Jack boots kicking in my door?
Blind patriotism bolstered by hysteria and ignorance is rampant. No one thinks anymore.
Do not criticize Mr.Frederick, He was there, you were not. A wise man picks his battles, this was his right to choose and I am certain he had his reasons and made the right choice for his self and the conditions at the time.
Do not criticize Mr.Frederick, He was there, you were not. A wise man picks his battles, this was his to choose and I am certain he had his reasons and made the right choice for his self and the conditions at the time.
In Mr Frederick's Defence
Very well Said Roger
We should not be bickering amongst ourselves. I was far from home with my family when accosted by a fed for taking a macro shot of a carved marble bald eagle statuette mounted in the sidewalk in front of the post office on Main street. It was either go to jail for Christmas and leave my family stranded on our vacation or delete the photo while he watched. Pick your battles wisely. Lets not attack one another for not martyring ourselves for the cause. We will win if we make strategic choices.
Very well said
Good comment
I have a good story that could help keep a person with an awful track record with justice out of a very high government office:
http://www.scpr.org/news/2010/10/28/cooley-says-hed-be-non-partisan-atto...
Steve Cooley running for Attorney General of California:
"Critics say Cooley hasn’t always taken an evenhanded approach. The Los Angeles Times reported two years ago that he's opted to file criminal charges in 4 percent of police misconduct cases the LAPD’s referred to him – half the rate of his predecessor.
Veteran criminal justice journalist Joe Domanick wonders why Cooley didn’t file more charges in the police department’s Rampart scandal.
“I never could get a satisfactory answer from him about why he wasn’t vigorously looking into these other divisions," Domanick said.
Cooley says the evidence didn’t warrant more prosecutions."
Vote for Kamala Harris if you want to see abusive cops brought to justice.
I thought Obama was supposed to rescue us from the Patriot act and other egregious anti citizen government activities. So far I've just seen things get worse.
I regret to say I voted for Obama.
"Yes We Can" has become "Yes We Could Have...But Power Is So Damn NEAT!"
Amen to that. I saw him for what he truly is, well before he was elected, a lying scumbag pos. It doesn't change the fact that he got elected though.
The best way to "Change" this country back to a true Republic again, is to go and vote all of the dirty politicians out next Tuesday. Whether you vote democrat, or republican (preferably), vote for the best candidate in your district (and that doesn't necessarily mean the incumbent).
No one in power wants to give you (citizens) freedom. Freedom is not free, but you have to fight for.
"The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. It is it’s natural manure." -- Thomas Jefferson, 1787
Let me say it again, it is absolutely amazing that what you can do in a communist country, Venezuela, you can't do here:
http://www.facebook.com/album.php?aid=73853&id=1365704512&l=565ec05c47
This harassment of peaceful people is a disgrace.
I found this info interesting and disturbing.
According to officials who designed the SAR Initiative, pre-emptive policing is based on behaviors regardless of race, ethnicity, or political associations. Behaviors otherwise overlooked by police enforcement become what is called a "reasonable indication" of suspicious activity. The definition of "reasonable suspicion" became independent of actual crime and criminal predicates in the adoption of this initiative's use of "reasonable indication".
Privacy safeguards and legal limitations were overlooked in code 28 CFR 23, in accord with The Justice Systems Improvement Act of 1979. This code necessitates an actual crime as a predicate for reasonable suspicion and the creation of an intelligence record. This code is being challenged to downgrade current predicates for criminal intelligence, to simply "reasonable indication" of possible crime. Using "reasonable indication" officers can gather any data, at any time for intelligence purposes without probable cause.
Found this.
The SAR Initiative creates a standard process for law enforcement in more than two dozen states and cities to identify and report suspicious incidents or behaviors associated with specific threats or terrorism. It makes first responders first preventers, as well. The system allows the information to be shared nationally so that it can be used to identify broader trends. We are working with our partners at DOJ to expand this program to every state to make it as comprehensive and effective as possible. By next month, the system will be implemented in an additional 17 locations in addition to the 12 operational, and will cover nearly 70 percent of the American population. We plan for it to be fully implemented on a national scale by the end of 2011
This is hilarious.
"The Nationwide Suspicious Activity Reporting (SAR) Initiative (NSI) is an outgrowth of a number of separate but related activities over the last several years that respond directly to the mandate to establish a “unified process for reporting, tracking, and accessing [SARs]” in a manner that RIGOROUSLY PROTECTS THE PRIVACY AND CIVIL LIBERTIES of Americans, as called for in the National Strategy for Information Sharing."
http://nsi.ncirc.gov/
http://georgewbush-whitehouse.archives.gov/nsc/infosharing/index.html
Amen Scott Frederick
Very Good
It sounds as Mr. Frederick should be talking with the ACLU.
I'll say this once again, when cops ask for your ID, state your name. DO NOT hand over your ID. You are only required to identify yourself(If it's a legal Terry Stop), you are NOT required to provide physical ID.
And NEVER consent to a voluntary search.
Actually, you're only required to give your name when you are being DETAINED in a state which has a "stop and identify" law. There is no Federal "stop and identify" law so if you're dealing with a Fed you don't have to tell them jack.
http://en.wikipedia.org/wiki/Stop_and_Identify_statutes
http://www.aclu.org/national-security/know-your-rights-when-encountering...
Post new comment