Today, most people walk around with a camera of some sort in their possession. Point-and-shoots, DSLRs and tiny video cams--not to mention cellphones--have become ubiquitous. And yet it seems that in many public locations, security officials are touchier than ever about letting people actually use those cameras. Our guardians of public safety often have the idea that shooting pictures in public places might be a precursor to some sort of terrorism. It's an understandable concern, but misguided. I believe there is a good case to be made that having lots of cameras in the hands of citizens makes us more, rather than less, safe.I always have my cellphone camera handy, but the quality of the shots aren't always the greatest and it lacks a lot of capability that my regular camera has. I like having a camera nearby at all times since you never know what you might stumble across that could end up important to you or newsworthy, like the time I happened to have my video camera with me and a big fire broke out across from my office. I got some good footage.
Here's how bad it has gotten: Not long ago, an Amtrak representative did an interview with local TV station Fox 5 in Washington, D.C.'s Union Station to explain that you don't need a permit to take pictures there--only to be approached by a security guard who ordered them to stop filming without a permit.
Legally, it's pretty much always okay to take photos in a public place as long as you're not physically interfering with traffic or police operations. As Bert Krages, an attorney who specializes in photography-related legal problems and wrote Legal Handbook for Photographers, says, "The general rule is that if something is in a public place, you're entitled to photograph it." What's more, though national-security laws are often invoked when quashing photographers, Krages explains that "the Patriot Act does not restrict photography; neither does the Homeland Security Act." But this doesn't stop people from interfering with photographers, even in settings that don't seem much like national-security zones. ...
So what should you do if you're taking photos and a security guard or police officer approaches you and tells you to stop? First, be polite. Security people have tough jobs and probably mean well. Ask them what legal authority they have to make you stop. (If you're in a public place, like a street, a park, etc., they have none; if you're in a private place, such as a shopping mall, they may have a basis for banning pictures.) Krages advises those hassled by security guards to threaten to call law enforcement. If it's an actual police officer who's telling you to stop shooting, ask to speak to a superior. And remember--you never have a legal duty to delete pictures you've taken.
More importantly, we need better education among security guards and law enforcement. In Britain, the country's police chiefs' association is attempting to educate officers about the rights of photographers. So far, nothing like that has happened in the U.S., but it should. Trying to block photography in public places is not only heavy-handed and wrong but, thanks to technology, basically useless. With the proliferation of cameras in just about every device we carry, digital photography has become too ubiquitous to stop. Let's have a truce in the war on photography and set our sights on the real bad guys. Who, it seems, don't carry cameras anyway.
Wednesday, July 21, 2010
More Cameras Are a Good Thing
There's an old saying that "an armed society is a polite society". In many ways I think the same thing goes for cameras, which as Glenn Harlan Reynolds points out are pretty much everywhere these days:
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