Article: TSA Considering Banning Photography at Checkpoints
#1
Original Poster
Join Date: Jan 2006
Location: NYC
Programs: DL PM, TSA Disparager Gold
Posts: 1,431
Article: TSA Considering Banning Photography at Checkpoints
I can't say this would surprise me, but I do find it despicable if true:
http://www.pixiq.com/article/tsa-con...of-checkpoints
http://www.pixiq.com/article/tsa-con...of-checkpoints
#4
Join Date: Jun 2006
Location: Boston
Posts: 821
I can't say this would surprise me, but I do find it despicable if true:
http://www.pixiq.com/article/tsa-con...of-checkpoints
http://www.pixiq.com/article/tsa-con...of-checkpoints
#6
Join Date: Jul 2001
Location: DTW
Programs: Dirt Status w/ All
Posts: 5,040
I would rather see all TSOs miked and recorded like cops and dashboard (or lapel) cameras. Stream the video/audio live to the internet while also recording it. That might start to keep TSOs (and passengers) honest.
#7
Join Date: Mar 2011
Posts: 471
100% agree, but it will never happen. Increasingly governments around the world are demanding that citizens be under near constant surveillance, but never does that apply to themselves. Cops have been fighting tooth and nail to prevent citizens from photographing/recording their misdeeds and the TSA will be no different. If it wasn't for cell phone videos there wouldn't nearly be as much controversy regarding the NOS and 'enhanced' pat-downs. The TSA knows this and that is why they want to put a stop to it. It will be your word against theirs, and they know theirs will always win.
#8
A FlyerTalk Posting Legend
Join Date: Sep 2002
Location: LAX/TPE
Programs: United 1K, JAL Sapphire, SPG Lifetime Platinum, National Executive Elite, Hertz PC, Avis PC
Posts: 42,165
TSA has no jurisdiction on photography if you're outside their leased checkpoint space.
Unfortunately, the checkpoint space (from the ID checker stand to the space beyond the secondary screening/lace-up area) is theirs under lease and they can ban or restrict whatever they want unless the ban conflicts with the Constitution or existing statute.
Just like the owners of Rockefeller Center could ban photography inside the lobby of 30 Rockefeller Plaze, but they have no control over you taking a picture from the sidewalk - meaning, you could stand outside the TSA's leased space, with a zoom lens if needed, and shoot to your heart's content and there is nothing they can do (legally) to stop you.
Legally, their ban on photography "at the checkpoint" would only include a photographer taking pictures while physically standing inside their leased space unless an actual federal statute was passed that banned the photography **of** of the checkpoint itself.
Obviously these people are growing tired of being humiliated (weekly) in public
Unfortunately, the checkpoint space (from the ID checker stand to the space beyond the secondary screening/lace-up area) is theirs under lease and they can ban or restrict whatever they want unless the ban conflicts with the Constitution or existing statute.
Just like the owners of Rockefeller Center could ban photography inside the lobby of 30 Rockefeller Plaze, but they have no control over you taking a picture from the sidewalk - meaning, you could stand outside the TSA's leased space, with a zoom lens if needed, and shoot to your heart's content and there is nothing they can do (legally) to stop you.
Legally, their ban on photography "at the checkpoint" would only include a photographer taking pictures while physically standing inside their leased space unless an actual federal statute was passed that banned the photography **of** of the checkpoint itself.
Obviously these people are growing tired of being humiliated (weekly) in public
Last edited by essxjay; Jun 11, 2011 at 11:39 am Reason: derogatory
#9
Join Date: Sep 2003
Location: Houston
Posts: 8,956
Mickey H. Osterreicher, the General Counsel for the National Press Photographers Association, Inc., has written a letter to Napolitano against any restrictions:
To now consider limiting that ability will create a climate that chills free speech under the pretext of safety and security.
#10
Join Date: Oct 2008
Location: Greensboro
Programs: TSA
Posts: 2,424
That is a pretty good idea, I would be for it, but one problem with streaming direct to the internet, anytime the SOP review (say if there is a question about something in the SOP and it requires consultation of the SOP) came into play, there would have to be some way to not transmit that info out, as it is SSI (I know, I know, and I agree that some of the stuff listed as SSI should be public domain info, I've been through that here several times). Other than that, I have no problem with this other than funding, find the funding for it and I am in like Flynn. ^
#11
FlyerTalk Evangelist
Join Date: Mar 2002
Location: An NPR mind living in a Fox News world
Posts: 14,162
I wrote in a similar thread that Pissy would have to justify this based on a security reason, because the CFR states that any security screening procedure must be tied to a threat. Since there currently is no ban except for the x-ray screen, he would have to explain what has suddenly changed that just happened to coincide with the now-famous checkpoint video. He can't because there is no security reason. So, he can do one of three things:
1. Ban photography anyway and make the courts rule the ban to be unconstitutional; or,
2. Invent a threat that emerged in the last couple of weeks that can only be mitigated by a photography ban; or,.
3. Avoid the Constitutional issue by declaring that excessive filming of a checkpoint is and element of "interfering with the screening process."
#1 is really a low-risk option, because it would take years to bring a court case. He will be long-gone by the time this ever happens.
#2 wouldn't pass the giggle test, but, he has no shame, personally or organizationally, so, there's nothing to lose, either.
For #3, he could do that combined with making an example of the first few people who filmed following his decree by fining them the full $11K. He would have to risk the possibility of having to explain why it wasn't interference until a couple of weeks ago. But, based on #2, that wouldn't bother him one bit to invent something.
Chaffetz, Wyden, and others are going to have to take action. This is actually not a threat to them, either, because they would be passing legislation to ban something the TSA hasn't done yet.
1. Ban photography anyway and make the courts rule the ban to be unconstitutional; or,
2. Invent a threat that emerged in the last couple of weeks that can only be mitigated by a photography ban; or,.
3. Avoid the Constitutional issue by declaring that excessive filming of a checkpoint is and element of "interfering with the screening process."
#1 is really a low-risk option, because it would take years to bring a court case. He will be long-gone by the time this ever happens.
#2 wouldn't pass the giggle test, but, he has no shame, personally or organizationally, so, there's nothing to lose, either.
For #3, he could do that combined with making an example of the first few people who filmed following his decree by fining them the full $11K. He would have to risk the possibility of having to explain why it wasn't interference until a couple of weeks ago. But, based on #2, that wouldn't bother him one bit to invent something.
Chaffetz, Wyden, and others are going to have to take action. This is actually not a threat to them, either, because they would be passing legislation to ban something the TSA hasn't done yet.
#12
FlyerTalk Evangelist
Join Date: Oct 2006
Location: Marriott or Hilton hot tub with a big drink <glub> Beverage: To-Go Bag™ DYKWIA: SSSS /rolleyes ☈ Date Night: Costco
Programs: Sea Shell Lounge Platinum, TSA Pre✓ Refusnik Diamond, PWP Gold, FT subset of the subset
Posts: 12,509
That is a pretty good idea, I would be for it, but one problem with streaming direct to the internet, anytime the SOP review (say if there is a question about something in the SOP and it requires consultation of the SOP) came into play, there would have to be some way to not transmit that info out, as it is SSI (I know, I know, and I agree that some of the stuff listed as SSI should be public domain info, I've been through that here several times). Other than that, I have no problem with this other than funding, find the funding for it and I am in like Flynn. ^
The exception may be instances like gate gropes, since I don't know the extent of surveillance capabilities in all airport areas.
#13
Join Date: Sep 2003
Location: Houston
Posts: 8,956
Just to be clear, there is no CFR that says the x-ray screens must not be photographed. The screens when operating are SSI, so it is the responsibility of "covered persons" to protect their view from non-covered persons, which includes almost all passengers. Protection of that view is not by requiring someone to stop filming. That is why TSA can only request that they not be filmed; they cannot require it.
#14
Join Date: Mar 2010
Posts: 156
TSA has no jurisdiction on photography if you're outside their leased checkpoint space.
Unfortunately, the checkpoint space (from the ID checker stand to the space beyond the secondary screening/lace-up area) is theirs under lease and they can ban or restrict whatever they want unless the ban conflicts with the Constitution or existing statute.
Just like the owners of Rockefeller Center could ban photography inside the lobby of 30 Rockefeller Plaze, but they have no control over you taking a picture from the sidewalk - meaning, you could stand outside the TSA's leased space, with a zoom lens if needed, and shoot to your heart's content and there is nothing they can do (legally) to stop you.
Legally, their ban on photography "at the checkpoint" would only include a photographer taking pictures while physically standing inside their leased space unless an actual federal statute was passed that banned the photography **of** of the checkpoint itself.
Obviously these goons are growing tired of being humiliated (weekly) in public
Unfortunately, the checkpoint space (from the ID checker stand to the space beyond the secondary screening/lace-up area) is theirs under lease and they can ban or restrict whatever they want unless the ban conflicts with the Constitution or existing statute.
Just like the owners of Rockefeller Center could ban photography inside the lobby of 30 Rockefeller Plaze, but they have no control over you taking a picture from the sidewalk - meaning, you could stand outside the TSA's leased space, with a zoom lens if needed, and shoot to your heart's content and there is nothing they can do (legally) to stop you.
Legally, their ban on photography "at the checkpoint" would only include a photographer taking pictures while physically standing inside their leased space unless an actual federal statute was passed that banned the photography **of** of the checkpoint itself.
Obviously these goons are growing tired of being humiliated (weekly) in public
#15
Join Date: Apr 2007
Location: USA
Programs: AAdvantage, MileagePlus, SkyMiles
Posts: 4,158
Looks like they updated the blog again...
TSA Blog
***Update: 6/9/2011 - There have many many different interpretations of the photography portion of this post, so I wanted to clarify things a bit. We recognize that using video and photography equipment is a constitutionally protected activity unless it interferes with the screening process at our checkpoints. While our current policy remains the same, TSA is reviewing our guidance to officers at the checkpoint to ensure consistent application. Our goal is to protect passenger’s rights, while safeguarding the integrity of the security process. ***