- confiscating cameras
- deleting footage
- arresting photographers for taking pictures in public
- harassing and threatening people with cameras
Jul 4, 2013
Police Harassment Of Photographers Still A Problem
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Michael K. Lyman
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Labels: Photographers' Rights, Protecting Freedom
Jun 25, 2013
Everyone Under Suspicion - Are You Next?
Taking photos of landmarks, walking "nervously" and writing in a notebook are all activities that have led to people being stopped and questioned.
Could you be next?
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Michael K. Lyman
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Labels: Our Surveillance State: Your Rights At Risk, Photographers' Rights
Jun 20, 2013
Our Surveillance State: What You Need To Know
The disclosures by Snowden have revealed a grossly out of control surveillance system that spies on all Americans, even you, without probable cause, restraint or oversight. Not only that, but companies you might have assumed are watching out for you as customers, companies like Verizon, AT&T, Facebook, Google and others, have been actively cooperating with the NSA and the FBI in violating your privacy without due process. These companies, the NSA and the FBI have lied to Americans about what it is they are doing.
So...what are they doing? Well, thanks to Edward Snowden, we know the following:
- Snooping On Your Calls - The government has been collecting the phone records of Americans for years, without oversight, due process or explanation, from Verizon and AT&T customers. Every call you've made can be accessed by the government whenever it wants to. Who has access to this information, and how might it be used?
- Website Snooping - The NSA has access to the servers of Facebook, Google and Apple, meaning that anytime you've used these on-line services, the government knows what you're doing. Further, the government has forbidden these services from telling you this and have fought lawsuits at every turn by using the powerful State Secrets privilege.
- E-mail Snooping - Every e-mail you've read, every website you've visited, has been cataloged by the government
- No Oversight - There is no meaningful court oversight of any of this activity, meaning your rights, as an innocent citizen, are not even remotely being protected. Previous assertions to Congress about these programs have turned out to be lies. Members of Congress, who are supposed to be our representatives, have known about these programs and done nothing; indeed, some politicians proclaiming outrage about these programs never bothered to show up at classified briefings about them to ask questions.
- Telephone records, on an ongoing daily basis, of both Americans and residents of foreign countries, from companies such as Verizon, AT&T and Sprint. These records include the actual telephone numbers at each end of every call, the duration of each call, and call routing information, allowing the NSA to build a picture of who you contacted, at what time and for how long. (source: The Guardian)
- Email messages and website traffic, in which companies are actively participating (despite their denials) in a program called PRISM, giving information about YOU to the government, without your knowledge, consent or due process. These companies include Microsoft, Yahoo, Google, Facebook, PalTalk, AOL, Skype, YouTube, and Apple. The revelations have forced these companies into an uncomfortable position, having to carefully deny their violations of your privacy. (source: The Washington Post)
But wait...there's oversight, right...?
Professor Law Laura K. Donohue from Georgetown University Law Center has an analysis as to why these programs violate the 4th Amendment of the Constitution HERE.
The Washington Post has a detailed look at this ultra-secretive court, and it's discomfort with all the attention HERE. It's definitely worth a read.
The NSA Continues To Mislead the Public - Senators Ron Wyden (D-Oregon) and Mark Udall (D-Colorado) have accused the NSA of continuing to mislead the public about the privacy protections they have in place, to prevent innocent Americans from being swept up in their dragnet. They accused the NSA of overstating the protections, when in fact just the opposite was true; there are very few protections in place. Read about their concerns HERE.
Sacrifices have to be made, the argument goes, to protect us from threats of terrorism. And this is true...up to a point.
- We'd probably be safer if we were forced to let the police enter our homes whenever they wanted to, let them rifle through our belongings and computer files, without pesky court orders or probable cause.
- We'd probably be safer if we all let the government implant a tracking chip under our skin so they could keep track of everything we did, and everywhere we went, all the time.
- We'd probably be safer if we had to stop at police checkpoints everywhere we went, and explain to the officers where we were going and who we were seeing
- We'd probably be safer if everyone flying on an airplane, getting on a train or subway, or renting a truck had to undergo a full body cavity search, completely disrobe and be examined by the authorities.
- We'd probably be safer if everyone were forced to dress the same, watch the same kinds of movies, read the same kinds of books, had the same religious belief, and spoke the same language
- We'd probably be safer if our computer monitors, televisions, smart phones and other devices watched us back, and reported any suspicious behavior to the NSA for further scrutiny
NSA defenders have jumped forward to insist that these secret programs protect us from terrorists and we must have them to keep this country safe. What terrorist plots have been foiled? They won't say. The few examples they give fall apart under scrutiny.
Below are some examples of how out-of-control surveillance can negatively affect you and your rights as an American citizen:
- You decide to research breast or testicular cancer, or to call doctors to treat this condition. Now the government knows this as part of its profile about you. There's a chance your insurance company could find out, leading to dropped coverage or higher premiums.
- You succumb to temptation and decide to visit porn sites. You might pay for a porn website subscription (I know it's not you, but someone is feeding the porn industry millions of dollars a year). Now the government has a record of your sexual preferences, probably the most intimate information you have about yourself. If your employer finds out, you could lose your job, or the possibility of a promotion or business client, for viewing material that is legally protected
- You become interested in other religious beliefs and want to research or join Muslim groups (the NYPD has been conducting illegal surveillance of Muslims for years), or even Wiccan or Satanist groups. You've made yourself a possible target of heightened scrutiny, even though you've broken no law.
- You want to become involved in environmental, political or social justice causes, and attend rallies, meetings and protests, as is your right as an American citizen. Maybe you're a photographer who's only taking pictures. The next thing you know, the FBI arrives on your doorstep asking questions about your activities. And while they can lie to you to obtain information, lying to them is a federal crime. Examples HERE, HERE and HERE.
If you get arrested, even if you're innocent, even if the charges are dropped, it can have a powerful effect on your life, your job security, and your social status. This is a powerful deterrent against standing up for your rights, and many police officers and government agents make maximum use of this fear.
- The ACLU is the best known group that fights tirelessly, all the time, for the rights of citizens. Support them. Help them fight for you, to protect your rights. They are your advocate, whether your views are popular or not. Visit them HERE and please consider making a donation.
- The Electronic Frontier Foundation fights for the rights of digital users, from defending people's free speech rights, to beating back anti-consumer legislation, to exposing the misdeeds of corporations, patent trolls and the government, the EFF fights for consumers. They depend on your help. Consider giving them a donation to help them keep fighting. Visit them HERE.
- Fight For The Future is dedicated to helping internet users everywhere beat back attempts to limit our basic rights and freedoms, and empower people to demand technology (and policy) that serves their interests, not those of huge corporations, who rarely have our best interests at heart. Check them out HERE.
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Michael K. Lyman
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Labels: Consumer Freedom, Our Surveillance State: Your Rights At Risk, Photographers' Rights, Protecting Freedom, The Best of Magnum Arts
Jan 21, 2013
Blogger/Journalist Attacked by Security Guards
The video is not long; jump to the :50 mark to watch the interaction with security guards who can only be described as thugs. If ever there were grounds for a lawsuit and criminal charges, this video is it. See Carlos Miller's full post about this incident HERE.
- Photography Is Not A Crime - Carlos Miller's excellent blog that chronicles the threats photographers face
- The ACLU - Defending our rights and civil liberties, which are under more assault than ever before
- The National Press Photographer's Association - Protecting the profession and integrity of photographers
Posted by
Michael K. Lyman
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Labels: Photographers' Rights, Protecting Freedom
Aug 14, 2012
The War On Photography Continued
- Timothy McVeigh, who used explosives to attack a courthouse, took no pictures
- The raid on Osama Bin Ladin's compound revealed no photographs of intended targets
- The terrorists who attacked the Word Trade Center took no photographs of the Twin Towers complex
In this video that takes place in Tampa, at the federal courthouse building, both the officer and the photographer are calm and respectful; indeed they have a reasonable debate about the rights of photographers in public places. There is no reason for such encounters to become confrontational; watch how the photographer stays calm as he debates the officer and stands up for his rights. This is how to conduct yourself during such an encounter.
A Terry Stop, by the way, is a legal term, meaning a brief detention by the police based on a reasonable suspicion that the person is involved in a crime, but without enough probable cause to make an arrest. If you are detained by the police you have to provide identification when asked. If you are not being detained by the police, than in many cases you are not legally required to provide identification. Read more about Terry Stops HERE.
Jump to :34 to where the officer approaches the photographer
In the video below, activist Jimmy Justice explains how to safely and respectfully stand up for your rights when faced with demands that you stop legally taking pictures or video. Justice expresses a respect for police, and the difficult jobs they perform, while advocating a respectful, reasoned response.
Remember, the rights you have as Americans you have only because they were defended. If you do not exercise these rights, you will find you no longer have them
LINK to Photography Is Not A Crime, Carlos Miller's excellent pro-photography blog
LINK to The National Press Photographers Association, a tireless advocate of the rights of all photographers
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Michael K. Lyman
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Labels: Photographers' Rights, Protecting Freedom
Jul 29, 2012
To Photograph, or Intervene?

A perfect example of this concept is the iconic "Napalm Girl" photograph, below.
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Michael K. Lyman
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Labels: Arts and the Law, Photographers' Rights
Mar 28, 2012
Boston Finally Admits Wrongful Arrest
Here's one more: a security video proves that a man who spent three days in jail was the victim of a clear-cut case of false arrest by an officer, who claimed his life had been threatened. Now the officer is facing several serious charges for lying. If not for video of the encounter, this man would have probably spent a lot of time in jail. LINK
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Michael K. Lyman
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Labels: Arts and the Law, Photographers' Rights, Protecting Freedom
Feb 16, 2012
Lawyer Educates Police About Wiretapping Law
LINK to SHARK website
LINK to SHARK YouTube Channel
VIDEO:
Posted by
Michael K. Lyman
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Labels: Photographers' Rights, Protecting Freedom, Videos
Jan 20, 2012
Funny UK Confrontation With Photographer
I discovered this on one of my favorite blogs, Photography Is Not A Crime, by Carlos Miller, a man who devotes a lot of effort to defend photography. The video was taken as part of an article the videographer was writing about Golden Wonder security; the link to the article is HERE.
UPDATE: The New York Times has an article about the harassment photographers endure in New York City by security guards, civil servants and police officers who do not have an understanding of the law and equate photography with a security risk. LINK
...and, just for kicks, below is Monty Python's classic sketch Argument Clinic. If you've never seen it, you're in for a treat.
Posted by
Michael K. Lyman
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Labels: Photographers' Rights, Protecting Freedom, Videos
Jan 12, 2012
Obama Administration Defends Recording of Police
To see why this is so important, consider the video below, in which a sheriff's deputy punched a special needs woman without provocation. An Iraq war vet videotaped the encounter, and refused demands by the deputy to hand over the camera, fearing the evidence would be destroyed.
LINK to a John Stossel segment about the authorities' battle against citizens who record them
LINK to Magnum Arts' position on creative freedom and the reason behind posts like these
Support the ACLU. They fight for the rights of citizens to express themselves, whether that expression is popular or not.
Posted by
Michael K. Lyman
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Labels: Photographers' Rights, Protecting Freedom
Nov 7, 2011
Photographer Shot By Oakland PD
Is it even legal for police officer to shoot a photographer just because he does not want to photographed? Is that what this country is all about?
UPDATE: The San Jose Mercury News has an article in which experts in police use of force are expressing shock about this incident. Read it HERE.
UPDATE #2: The officer who fired the beanbag bullet has been identified, and has been removed from the SWAT team and is now under investigation, as is the captain of this unit, who has attempted to justify and dismiss the shooting. LINK
The Oakland Police Department has been accused of a variety of abuses in its interactions with protesters. It is not releasing any information about these abuses either; a request by the ACLU for information about the department's use of force has been denied. Read about it HERE.
Posted by
Michael K. Lyman
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Labels: Photographers' Rights, Protecting Freedom
Oct 27, 2011
ACLU Sues Los Angeles County Sheriff’s Department
Once again the ACLU steps up to defend photographers from overzealous and illegal harassment of photographers. The Los Angeles Times reports that the ACLU has sued the sheriff’s department and several of its deputies on October 27, alleging they harassed, detained and improperly searched photographers taking pictures legally in public places.In response, Los Angeles County Sheriff's Capt. Mike Parker made a statement that perfectly captures the police department's ignorance of the rights of photographers: "Should we really ignore suspicious activity?" Parker asked. "We have an obligation to the public to answer questions and we are going to ask people why are you taking that picture. It is our duty to protect the public."
The ACLU has a page that describe your rights under the law when taking pictures, see it HERE. Consider making a donation to the ACLU HERE.
- It is not illegal for a person to film a federal building (which the government was forced to concede in a previous court case, link HERE)
- Geo was arrested for refusing to provide his driver's license; there is no state, local or federal law requiring a citizen to have a driver's license. Indeed, lots of people do not drive, or have driver's licenses. Would that subject them to arrest?
- There is no state, local or federal law requiring a citizen to present a driver's license to an officer on demand
- The arresting officer did not indicate the encounter moved from a voluntary field interview to a Terry stop, which would require reasonable suspicion, or probable cause (read more about what a Terry stop is HERE)
Posted by
Michael K. Lyman
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Labels: Photographers' Rights, Protecting Freedom
Oct 17, 2011
John Stossel: The War On Cameras
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Michael K. Lyman
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Labels: Photographers' Rights, Protecting Freedom, Videos




















