FlyerTalk Forums - View Single Post - PV Alert: Can I Take Photos at the Checkpoint and Airport?
Old Apr 3, 2009, 2:30 pm
  #49  
pmocek
 
Join Date: Apr 2008
Location: USA
Posts: 1,439
TSA re: airport photography policies: Port Columbus International (CMH)

Code:
Date: Wed, 1 Apr 2009 11:45:46 -0400
From: "Dipaola, John" <John.Dipaola%AT%dhs.gov>
Subject: FW: Got Feedback : Port Columbus International (CMH)
To: Phil Mocek, GotFeedback <Gotfeedback%AT%dhs.gov>

Mr. Mocek,

My name is John DiPaola, TSA Stakeholder-Customer Support Manager here
at Port Columbus International Airport.  You are asking if you are able
to take photos at our Checkpoint locations.  You can take pictures at
our checkpoints as long as you're not interfering with the screening
process or slowing things down at our Checkpoints. We also ask that you
do not film or take pictures of our monitors.  You may be approached by
one of our TSA Officers or local Port Columbus Law Enforcement if they
see you are taking photos inquiring as to why.

As far as local laws, state statutes, local ordinances I would recommend
calling Port Columbus International Airport at 614-239-4000 and speaking
with their local Public Affairs Offices.

Please visit our public website at www.tsa.gov for current
updates.

Thanks
John DiPaola
Code:
Date: Wed, 1 Apr 2009 09:20:18 -0700
From: Phil Mocek
Subject: Re: FW: Got Feedback : Port Columbus International (CMH)
To: John DiPaola - TSA <John.Dipaola%AT%dhs.gov>
Cc: GotFeedback <Gotfeedback%AT%dhs.gov>

Thank you, Mr. DiPaola, for confirming that TSA does not prohibit
photography of publicly-accessible areas of Port Columbus International
Airport.  Upon the suggestion of Bob Burns at TSA, I asked if you were
aware of any applicable local laws, state statutes, or local ordinances.
You did not mention any in your response, so I'll assume that you are
unaware of any.  There tends to be confusion over whether it is allowed,
particularly at security checkpoints.

I hope this doesn't sound like a silly question, but I'm afraid the
situation might come up, so I'll ask now:  Would the act of photography
or video recording itself, using hand-held equipment, without slowing
the line of people at the checkpoint, be considered by TSA staff to be
interference with the screening process?  I'm concerned that
"interference" may be defined as anything any member of TSA staff would
like to prevent from happening.

Could you please provide contact information (e-mail, postal mail, and
telephone, in that order of preference) for someone in particular at the
Public Affairs Office of the Port Columbus International Airport whom
you recommend as a better resource for this information?  Bob Burns at
TSA wrote that if you at TSA's "Got Feedback?" program did not have an
answer to questions related to his blog post, you could connect us with
someone who does.  I want to be sure I contact someone who is an
authoritative source for the information, and an e-mail or letter would
allow that person to respond at his or her convenience.

Thanks for your continued assistance.

-- 
Phil Mocek
(The following was added to this comment 2009-04-20.)

Code:
Date: Tue, 14 Apr 2009 09:08:55 -0700
From: Phil Mocek
Subject: Re: FW: Got Feedback : Port Columbus International (CMH)
To: John DiPaola - TSA <John.Dipaola%AT%dhs.gov>
Cc: GotFeedback <Gotfeedback%AT%dhs.gov>

I have received no further contact from you.  Are you able to provide
the information I have requested?

--
Phil Mocek
Code:
Date: Tue, 14 Apr 2009 13:02:43 -0400
From: "Dipaola, John" <John.Dipaola%AT%dhs.gov>
Subject: FW: FW: Got Feedback : Port Columbus International (CMH)
To: Phil Mocek

Phil,
Regarding if there are applicable local laws, state statutes, or local
ordnances; I will refer you to Robert Mauldin, Port Columbus Public
Safety.  He can be reached via email at:
Rmauldin%AT%columbusairports.com.

Regarding the act of photography or video recording itself, using
hand-held equipment, without slowing the line of people at the
checkpoint, be considered by TSA staff to be interference with the
screening process?  I'm concerned that "interference" may be defined as
anything any member of TSA staff would like to prevent from happening; I
will send a copy of this request to our Assistant Federal Security
Director of Screening for a reply.

John DiPaola
Code:
Date: Tue, 14 Apr 2009 10:09:03 -0700
From: Phil Mocek
Subject: Re: Got Feedback : Port Columbus International (CMH)
To: Robert Mauldin - Port Columbus Public
        Safety Manager <rmauldin%AT%columbusairports.com>,
	    John Dipaola - TSA <John.Dipaola%AT%dhs.gov>
Cc: GotFeedback <Gotfeedback%AT%dhs.gov>

Thanks, Mr. DiPaola, for the contact at Port Columbus.  This is helpful.

So that I may follow up later if necessary, who is your Assistant
Federal Security Director of Screening?

Mr. Mauldin, are there any local laws, state statutes, or local
ordinances, that affect the legality of photographing or video taping
things that can be seen from publicly-accessible areas of Port Columbus
International?

--
Phil Mocek
(The following was added to this comment 2010-06-28.)

Code:
Date: Tue, 14 Apr 2009 14:58:45 -0400
From: Robert Mauldin <RMauldin%AT%ColumbusAirports.com>
To: Phil Mocek, John Dipaola - TSA <John.Dipaola%AT%dhs.gov>
CC: GotFeedback <Gotfeedback%AT%dhs.gov>,
        Richard Morgan <RMorgan%AT%ColumbusAirports.com>
Subject: RE: Got Feedback : Port Columbus International (CMH)

Mr. Mocek:  Rule 11.6D of the Columbus Regional Airport Authority
states, "No person shall divulge information regarding the airport
security system, any airport tenant's security system, or any topic
affecting air transportation security to any unauthorized person."
Violation of this would be a level 2 minor misdemeanor.

So long as you confine your taping to non-security related areas and
items (passenger screening checkpoints, access control systems, CCTV
cameras, Explosive Trace Detection devices, etc. would be considered
security related) you should have no problem at Port Columbus.

Hope this helps.

Bob Mauldin
Public Safety Manager
(The following was added to this comment 2010-07-07.)

Code:
Date: Mon, 28 Jun 2010 08:45:55 -0700
From: Phil Mocek
To: Robert Mauldin - CMH Public Safety
        Manager <RMauldin%AT%ColumbusAirports.com>
Cc: John Dipaola - TSA Stakeholder-Customer Support Manager
        at CMH <John.Dipaola%AT%dhs.gov>,
        GotFeedback <Gotfeedback%AT%dhs.gov>,
        Richard Morgan <RMorgan%AT%ColumbusAirports.com>
Subject: Re: Got Feedback : Port Columbus International (CMH)

Mr. Mauldin and Mr. DiPaola:

In April, 2009, you reported to me that the only restriction on
photography at Port Columbus International Airport concerned such
action at security-related areas and items.

Three days ago, a passenger who flew out of CMH reported the
following:
<http://www.flyertalk.com/forum/travel-safety-security/1099444-using-cameras-airport.html>
> A few weeks ago, I was about to get on an early flight out of
> Concourse B at CMH. I had my camera with me, so I was taking a few
> pictures of the planes just to pass the time. One of the baggage
> handlers on the ground saw me taking pictures and waved his arm at
> me. I didn't think anything of it, and I sat down to do some work.
>
> A few minutes later, the baggage handler came through a door into
> the terminal from outside. He walked directly over to me and
> started questioning me. "Why are you taking pictures? You can't do
> that. Will you show me the pictures that you took?" The terminal
> was mostly empty at that hour, and I had chosen a pretty secluded
> corner of the Terminal to hang out. Maybe that's what alarmed this
> guy. In any case, I told him I was taking pictures of the planes
> in the morning light. Not satisfied with that response, the guy
> began asking about my flight details and from which gate I was
> departing.

Have your photography policies changed since April 14, 2009?

[long quotation of previous correspondence omitted]
Mr. Mauldin responded:
Code:
Date: Mon, 28 Jun 2010 15:56:15 +0000
From: Robert Mauldin <RMauldin%AT%ColumbusAirports.com>
To: Phil Mocek
CC: John Dipaola - TSA Stakeholder-Customer Support Manager at CMH <John.Dipaola%AT%dhs.gov>,
        GotFeedback <Gotfeedback%AT%dhs.gov>,
        Richard Morgan <RMorgan%AT%ColumbusAirports.com>
Subject: RE: Got Feedback : Port Columbus International (CMH)

Mr. Mocek:  The policy is still the same.  I'm not sure what occurred in this
incident, but all of us in aviation security are keenly interested in providing
a safe environment for air travel, not in stifling interest in aviation.  Once
again, so long as there is no evidence of an attempt to compromise safety or
security, you should have no problem.

Hope this helps.

Bob Mauldin
Public Safety Manager
Columbus Regional Airport Authority

[long quotation of previous correspondence omitted]
Code:
Date: Mon, 28 Jun 2010 09:16:26 -0700
From: Phil Mocek
To: Robert Mauldin <RMauldin%AT%ColumbusAirports.com>
Cc: John Dipaola - TSA Stakeholder - Customer Support Manager 
    at CMH <John.Dipaola%AT%dhs.gov>, GotFeedback <Gotfeedback%AT%dhs.gov>,
    Richard Morgan <RMorgan%AT%ColumbusAirports.com>
Subject: Re: Got Feedback : Port Columbus International (CMH)

On Mon, Jun 28, 2010 at 03:56:15PM +0000, Robert Mauldin wrote:
> The policy is still the same.  I'm not sure what occurred in this incident,
> but all of us in aviation security are keenly interested in providing a safe
> environment for air travel, not in stifling interest in aviation.  Once
> again, so long as there is no evidence of an attempt to compromise safety or
> security, you should have no problem.

Thanks.  What action do you recommend someone take when faced with airport
staff who assert that photography is prohibited in a circumstance in which it
is not, in fact, prohibited?

--
Phil Mocek
Code:
Date: Mon, 28 Jun 2010 19:08:24 +0000
From: Robert Mauldin <RMauldin%AT%ColumbusAirports.com>
To: Phil Mocek
CC: John Dipaola - TSA Stakeholder - Customer Support Manager 
    at CMH <John.Dipaola%AT%dhs.gov>, GotFeedback <Gotfeedback%AT%dhs.gov>,
    John Rockwell <jrockwell%AT%ColumbusAirports.com>
Subject: RE: Got Feedback : Port Columbus International (CMH)

Actually, we do not encourage non-law enforcement people from confronting what
they may think is a security risk, but rather to report it to the police.
Conversely, if someone feels threatened or if they think they are being
challenged unjustly, I would suggest calling the police responsible for the
facility/area to straighten out the matter.

[quotation of previous correspondence omitted]
Code:
Date: Mon, 28 Jun 2010 12:19:03 -0700
From: Phil Mocek
To: Robert Mauldin <RMauldin%AT%ColumbusAirports.com>
Cc: John Dipaola - TSA Stakeholder-Customer Support Manager
        at CMH <John.Dipaola%AT%dhs.gov>,
        GotFeedback <Gotfeedback%AT%dhs.gov>,
        John Rockwell <jrockwell%AT%ColumbusAirports.com>
Subject: Re: Got Feedback : Port Columbus International (CMH)

On Mon, Jun 28, 2010 at 07:08:24PM +0000, Robert Mauldin wrote:
> Actually, we do not encourage non-law enforcement people from
> confronting what they may think is a security risk, but rather to
> report it to the police.

I wasn't suggesting that.  I'm curious about photography by the public
from publicly-accessible areas of the airport, and what to do when
misinformed airport staff claim that such activity is prohibited, not
about security risks.  Obviously, photographing something that thousands
of people look at every day -- things that many thousands of people can
remember seeing -- does not pose any more security risk than those
people's memories pose.

My question was:
> > What action do you recommend someone take when faced with airport
> > staff who assert that photography is prohibited in a circumstance in
> > which it is not, in fact, prohibited?

You continued:
> Conversely, if someone feels threatened or if they think they are
> being challenged unjustly, I would suggest calling the police
> responsible for the facility/area to straighten out the matter.

Okay.  It sounds like the person who reported trouble at your airport on
FlyerTalk forums was unjustly challenged, so it seems that your advice
would have been for him to contact police.  In your experience, do CMH
airport police understand that neither TSA nor local regulations
prohibit photography in publicly-accessible areas of the airport, of
"non-security related areas and items"?

Also, last year, you wrote:
On Tue, Apr 14, 2009 at 02:58:45PM -0400, Robert Mauldin wrote:
> Mr. Mocek:  Rule 11.6D of the Columbus Regional Airport Authority
> states, "No person shall divulge information regarding the airport
> security system, any airport tenant's security system, or any topic
> affecting air transportation security to any unauthorized person."
> Violation of this would be a level 2 minor misdemeanor.
>
> So long as you confine your taping to non-security related areas and
> items (passenger screening checkpoints, access control systems, CCTV
> cameras, Explosive Trace Detection devices, etc.  would be considered
> security related) you should have no problem at Port Columbus.

Is it your understanding that when someone takes a photograph in the
airport terminal, and the image contains a CCTV camera or explosive
trace detection device, he has committed a level two minor misdemeanor?

Thanks for your continued assistance.

--
Phil Mocek
Code:
Date: Mon, 5 Jul 2010 17:41:32 -0700
From: Phil Mocek
To: Robert Mauldin <RMauldin%AT%ColumbusAirports.com>
Cc: John Dipaola - TSA Stakeholder-Customer Support Manager 
        at CMH <John.Dipaola%AT%dhs.gov>,
        GotFeedback <Gotfeedback%AT%dhs.gov>,
        John Rockwell <jrockwell%AT%ColumbusAirports.com>
Subject: Re: Got Feedback : Port Columbus International (CMH)

Any word on the questions I asked a week ago?  I've received no
communication from Robert Mauldin, John Dipaola, John Rockwell, or
anyone from TSA's "Got Feedback?" program since sending my message on
June 28, 2010 (quoted below).

[quotation of previous correspondence omitted]

--
Phil Mocek
Code:
Date: Tue, 6 Jul 2010 01:06:04 +0000
From: John Rockwell <jrockwell%AT%ColumbusAirports.com>
To: Phil Mocek
CC: Philip Gehrisch <pgehrisch%AT%ColumbusAirports.com>,
        Bob Hartsell <robbie.hartsell%AT%dhs.gov>
Subject: RE: Got Feedback : Port Columbus International (CMH)

You have already responded. Our folks need to be aware that he or his
associates may try to bait us into some inappropriate action sometime in
the future.

Sent from my HTC smartphone

[quotation of previous correspondence omitted]
Code:
Date: Wed, 7 Jul 2010 12:02:55 -0700
From: Phil Mocek
To: John Rockwell - CMH Director of Public Safety
        and Airport Police Chief <jrockwell%AT%ColumbusAirports.com>
Cc: Robert Mauldin <RMauldin%AT%ColumbusAirports.com>,
        John Dipaola - TSA Stakeholder-Customer Support Manager
        at CMH <John.Dipaola%AT%dhs.gov>,
        GotFeedback <Gotfeedback%AT%dhs.gov>,
        Philip Gehrisch - CMH Airport Police
        Lieutenant <pgehrisch%AT%ColumbusAirports.com>,
        Rob Hartsell - DHS Assistant Federal Security Director
        at CMH <robbie.hartsell%AT%dhs.gov>
Subject: Re: Got Feedback : Port Columbus International (CMH)

On Tue, Jul 06, 2010 at 01:06:04AM +0000, John Rockwell wrote:
> You [Robert Mauldin] have already responded.  Our folks need to be
> aware that he or his associates may try to bait us into some
> inappropriate action sometime in the future.

Mr. Rockwell, I think you misunderstood.  Mr. Mauldin responded to the
first two messages I sent him on June 28, 2009, but not to the third
one.  In the second (quoted in its entirety below), I asked:

 1. What action do you recommend someone take when faced with
    airport staff who assert that photography is prohibited in a
    circumstance in which it is not, in fact, prohibited?

He didn't answer, instead informing me that he does not "encourage
non-law enforcement people from confronting what they think is a
security risk".  I didn't suggest any such thing.  In fact, I didn't
mention anything that is a security risk.  We're talking about
photographing something that thousands of members of the public see
every day.  I did not understand what Mr. Mauldin meant, and hope he is
able to clarify.

In my third message (quoted below), I asked:

 2. In your experience, do CMH airport police understand that
    neither TSA nor local regulations prohibit photography in
    publicly-accessible areas of the airport, of "non-security
    related areas and items"?

 3. Is it your understanding that when someone takes a photograph
    in the airport terminal, and the image contains a CCTV camera
    or explosive trace detection device, he has committed a level
    two minor misdemeanor?

None of the three questions has been answered.  I look forward to Mr.
Mauldin's response.

I would also appreciate answers from anyone else copied here who is able
to provide them.  Mr. Rockwell, as Chief of Airport Police, you are
particularly well situated to say whether or not your staff understand
that there are no TSA or local regulations which prohibit photography in
publicly-accessible areas of the airport, of "non-security related areas
and items".  Do you believe that they understand this?  The potential
"baiting" to which you referred could be as simple as someone taking a
photograph in the airport near the TSA barricade with an over-zealous
and misinformed police officer nearby.

Photography is Constitutionally-protected.  I hope that you would not
consider the exercising of our right to photography to be baiting your
staff.

[quotation of previous correspondence omitted]

--
Phil Mocek

Last edited by pmocek; Jul 7, 2010 at 4:31 pm Reason: add new messages sent & received
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