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-   -   Using cameras in an airport (https://www.flyertalk.com/forum/practical-travel-safety-security-issues/1099444-using-cameras-airport.html)

clrankin Jul 8, 2010 7:15 am

I'd suggest that we all consider sending Mr. Rockwell some email regarding our feelings about his comments. I think it might also be worth sending to the local paper out there (and in other places) with an editorial letter suggesting that those who are charged with protecting us and knowing the law are more concerned about being "baited" into something than about upholding the law and letting a citizen know what he can and can't do.

Global_Hi_Flyer Jul 8, 2010 7:19 am


Originally Posted by N965VJ (Post 14263605)
Sounds like Rockwell should stick to only using email from his desk computer. :D

Sounds like Rockwell is planning to be the next FSD.:rolleyes:

clrankin Jul 8, 2010 8:56 am


Originally Posted by Global_Hi_Flyer (Post 14263675)
Sounds like Rockwell is planning to be the next FSD.:rolleyes:

Speaking of that, I see that TSA is looking for an FSD for IAD. I was thinking about applying for the position. If I were to get it, I'd guarantee that the Porn-O-Graphs at IAD would always be out of service for one reason or another (once they get them there, that is). Hmm... I guess that last bit is something I should probably refrain from mentioning, should I be called in for an interview... :D

Bearcat06 Jul 11, 2010 9:31 pm

As a former Airport LEO (MCI) the only issues we ever had were folks taking pics of the screening process.

Other than that, I didn't give to craps.....and took pics all the time when I was doing flightline security....

Further, had a Airline employee told me to stop (as in the OP's case) there would have been some choice words said to him and I would have told the dude to get bent or I was calling the Airport LEOs....

pmocek Jul 12, 2010 8:22 am

CMH Police Chief dodges questions, refers me back to TSA (whose referral led to him)
 

Originally Posted by Bearcat06 (Post 14282921)
As a former Airport LEO (MCI) the only issues we ever had were folks taking pics of the screening process.

By "issues" did you mean problems? If so, could you please tell us what the problems were and what happened as a result of those problems?


CMH police chief dodges questions, refers me back to TSA (whose referral led to him)

Further discussion with staff at Port Columbus International Airport (CMH):

See also: earlier discussion on FlyerTalk:
  1. April 2009 contact with CMH via TSA's "Got Feedback?" upon suggestion of TSA Blog staff
  2. June 2010 followup to April 2009 e-mail from CMH Public Safety Manger
  3. CMH Public Safety Manager suggests calling police if CMH staff threaten re: photography
  4. CMH Police Chief mistakenly e-mails me, warns staff I may "bait them" into misconduct

After five days without a response to my previous e-mail (#4 above), I wrote again:

Code:

Date: Mon, 12 Jul 2010 07:31:40 -0700
From: Phil Mocek
To: John Rockwell - CMH Director of Public Safety and Airport
        Police Chief <jrockwell%AT%ColumbusAirports.com>,
        Robert Mauldin <RMauldin%AT%ColumbusAirports.com>,
        John Dipaola - TSA Stakeholder-Customer Support Manager
        at CMH <John.Dipaola%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>
Cc: GotFeedback <Gotfeedback%AT%dhs.gov>
Subject: [THIRD REQUEST] Re: Got Feedback : Port Columbus International
        (CMH)

Can someone provide answers to the three questions I asked Robert
Mauldin on June 28, 2010, in response to his e-mail messages to me on
that date, then repeated to John Rockwell on July 6 after he seemingly
attempted to instruct Mr. Mauldin not to respond to me?

On Wed, Jul 07, 2010 at 12:02:55PM -0700, Phil Mocek wrote:
> 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

Port Columbus Interantional Airport Police Chief John Rockwell responded:

Code:

Date: Mon, 12 Jul 2010 16:07:47 +0000
From: John Rockwell <[email protected]>
To: Phil Mocek
        Robert Mauldin <[email protected]>,
        John Dipaola - TSA Stakeholder-Customer Support Manager
        at CMH <[email protected]>,
        Philip Gehrisch <[email protected]>
CC: Bob Tanner <[email protected]>,
        Rod Borden <[email protected]>
Subject: RE: [THIRD REQUEST] Re: Got Feedback : Port Columbus International
        (CMH)

Mr. Mecek:

In answer to your inquiry, all of our police personnel are trained to
respect civil liberties and the US Constitution. We respect your right
to engage in legal activity. I encourage you to direct any questions
you have regarding checkpoint activity directed to TSA.

[quotation of previous correspondence omitted]

Note that it was TSA who referred me to John Dipaola (TSA Stakeholder-Customer Support Manager at CMH), and that Mr. Dipaola referred me to Robert Mauldin, CMH Public Safety Manager, who was advised by CMH Police Chief John Rockwell to discontinue his communication with me.

As Mr. Rockwell did not answer any of my questions, I responded by asking them again:

Code:

Date: Mon, 12 Jul 2010 09:36:24 -0700
From: Phil Mocek
To: John Rockwell <[email protected]>
Cc: Robert Mauldin <[email protected]>,
        John Dipaola - TSA Stakeholder-Customer Support Manager
        at CMH <[email protected]>,
        Philip Gehrisch <[email protected]>,
        Bob Tanner <[email protected]>,
        Rod Borden <[email protected]>
Subject: CMH staff and airport police understanding of law regarding
        photography in public places

On Mon, Jul 12, 2010 at 04:07:47PM +0000, John Rockwell wrote:
> In answer to your inquiry, all of our police personnel are trained
> to respect civil liberties and the US Constitution. We respect your
> right to engage in legal activity.

Thanks.

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"?

What action do you recommend someone take when while engaging in
photography at CMH, he or she is confronted by airport staff or police
who assert that photography is prohibited in a circumstance in which
it is not, in fact, prohibited?  The impetus for my contact with
Robert Mauldin last month was a [report of such happening at CMH][1].

 [1]: <http://www.flyertalk.com/forum/trave...s-airport.html>

Is it your understanding, as Robert Mauldin asserted in an e-mail to
me on April 14, 2009, that when someone takes a photograph in the
airport terminal, and the image contains a security-related area or
item (e.g., passenger screening checkpoint, access control system,
CCTV camera, explosive trace detection device, etc.), that person has
committed a level two minor misdemeanor?

On Tue, Apr 14, 2009 at 02:58:45PM -0400, Robert Mauldin wrote:
> 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.

Thanks for your continued assistance.

--
Phil Mocek

see also: further discussion with CMH staff

Boggie Dog Jul 12, 2010 12:11 pm


Originally Posted by Bearcat06 (Post 14282921)
As a former Airport LEO (MCI) the only issues we ever had were folks taking pics of the screening process.

Other than that, I didn't give to craps.....and took pics all the time when I was doing flightline security....

Further, had a Airline employee told me to stop (as in the OP's case) there would have been some choice words said to him and I would have told the dude to get bent or I was calling the Airport LEOs....

Was there a local or other law that made photography of the screening process illegal?

Bearcat06 Jul 13, 2010 2:43 am


Originally Posted by pmocek (Post 14284666)
By "issues" did you mean problems? If so, could you please tell us what the problems were and what happened as a result of those problems?

This was several years ago, so who knows what is in place now.

But back then, we were instructed by our LE Manangement that if we saw/TSA saw folks taking pictures of the screening processes, we were to ask them to delete the pics.

No clue where/who that came from.

9/10 times TSA would call us because they had no people skills and ended up pissing the folks off. We'd show up, chat to them nicely, and they would delete.

Hell, I ended up taking pics of folks a few times so they could get the whole family in..... TSA would go insane......but knew better.... :D

Since then, MCI did do some stuff so you can't see the process any more....or at least at some of the gates I fly in/out of....

And for the record, when I saw TSA at MCI, I mean the Contractored Security. Only folks TSA there are Screening Managers and above. Actual screeners are Contracted. Just easier to say TSA.


Originally Posted by Boggie Dog (Post 14285937)
Was there a local or other law that made photography of the screening process illegal?

We were told by Management it was Federal Law that you couldn't take pics of the screening process and the newly formed TSA wanted us to help them out..... They way our Management was at the time, it was best to do it....and just be done with it....but use your head.

We never/nor have they ever arrested anyone or taken anyone to jail for that..... We always asked the person to zap the pics on their sticks and that was that.

If I had someone with a film camera, I let them keep the pics.... and made my guys/gals do the same. There was no way in the world that I was going to make some old couple from rural KS/MO sending their kid/grandkid off to war or on the vacation of a lifetime ......and make them destroy entire rolls of film.... Not happening on my watch.......

Luckily enough, all the ones I dealt with had digtial cameras (Thank God)......

As far as I know, while I worked there, no one made folks destroy film.....but I am sure some dope did.....or has since then.....

clrankin Jul 13, 2010 9:40 am


Originally Posted by Bearcat06 (Post 14290480)
We never/nor have they ever arrested anyone or taken anyone to jail for that..... We always asked the person to zap the pics on their sticks and that was that.

I'm curious about something, and since you have some LE experience you might be able to answer. Did you ever run into someone who flat out refused your request, or didn't let you see their camera, or stated that they weren't taking any pictures? How would that have been handled?

I'm specifically thinking about someone's Fourth Amendment rights here, and how (or if) that might come into play. Realizing that you're not a lawyer, I'll leave the whole legal discussion angle out and just focus on the law enforcement side of it. (I'm sure one of our resident lawyers will also jump in and probably offer a bevy of links and advice as well, as we've got some smart folks on this board.)

Wally Bird Jul 13, 2010 9:55 am


Originally Posted by clrankin (Post 14291992)
(I'm sure one of our resident lawyers will also jump in and probably offer a bevy of links and advice as well, as we've got some smart folks on this board.)

I hope so. I'm not one but I'm under the impression that no-one, LEO and certainly not civilian 'security', can order the deletion of photos or seizure of equipment without a warrant.

Assuming no criminal activity occurred; even then surely the photos would have to be kept as evidence? Strikes me this whole thing is just a macho bluff; aka security.

greggwiggins Jul 13, 2010 1:32 pm

What Then, Bearcat06?
 

Originally Posted by Bearcat06 (Post 14290480)
We never/nor have they ever arrested anyone or taken anyone to jail for that..... We always asked the person to zap the pics on their sticks and that was that.

Somewhat hypothetical, Bearcat06, but asking as a journalist who has some working familiarity with the legal rights of photographers, what would you have done when I refused your request to delete my photographs?

bocastephen Jul 13, 2010 1:33 pm


Originally Posted by greggwiggins (Post 14293462)
Somewhat hypothetical, Bearcat06, but asking as a journalist who has some working familiarity with the legal rights of photographers, what would you have done when I refused your request to delete my photographs?

Hopefully nothing - since there is no legal basis on which to order someone to delete their photographs or confiscate camera equipment.

Boggie Dog Jul 13, 2010 1:44 pm


Originally Posted by Bearcat06 (Post 14290480)
We were told by Management it was Federal Law that you couldn't take pics of the screening process and the newly formed TSA wanted us to help them out..... They way our Management was at the time, it was best to do it....and just be done with it....but use your head.

We never/nor have they ever arrested anyone or taken anyone to jail for that..... We always asked the person to zap the pics on their sticks and that was that.

If I had someone with a film camera, I let them keep the pics.... and made my guys/gals do the same. There was no way in the world that I was going to make some old couple from rural KS/MO sending their kid/grandkid off to war or on the vacation of a lifetime ......and make them destroy entire rolls of film.... Not happening on my watch.......

Luckily enough, all the ones I dealt with had digtial cameras (Thank God)......

As far as I know, while I worked there, no one made folks destroy film.....but I am sure some dope did.....or has since then.....

As a LEO weren't you the least bit curious what statue you were enforcing before ordering someone to delete pictures from their personal camera?

Wouldn't that information be needed if the person refused to delete the images and you had to arrest them?

PTravel Jul 13, 2010 1:49 pm


Originally Posted by Bearcat06 (Post 14290465)
9/10 times TSA would call us [law enforcement] because they had no people skills and ended up pissing the folks off.

I just really liked this quote, so I thought I would just post it again. :)


Originally Posted by clrankin (Post 14291992)
I'm curious about something, and since you have some LE experience you might be able to answer. Did you ever run into someone who flat out refused your request, or didn't let you see their camera, or stated that they weren't taking any pictures? How would that have been handled?

I'm specifically thinking about someone's Fourth Amendment rights here, and how (or if) that might come into play.

I'll tell you my take. Fourth Amendment rights aren't really the issue as no unreasonable search is involved. First and Fifth Amendment rights, however, are. Under the Fifth Amendment you can not be deprived of property without due process of law. Under the First Amendment, prospective censorship demands strict scrutiny, i.e. least restrictive means and compelling state interest. There is no due process when a state actor demands destruction of the image or surrender of the film, nor is requiring examination and/or clearance of photographs that were taken in compliance with the First Amendment. A Fourth Amendment interest may be implicated if a state actor demands to inspect the photograph that was taken.

If you are in public, you have the right to take pictures of whatever you want (provided it's not protected by copyright). No one has the right to demand that you either surrender the film/memory card or destroy the film/delete the memory card.

essxjay Jul 13, 2010 8:04 pm

John Rockwell scribbles:
"Our folks need to be aware that he or his associates may try to bait us into some inappropriate action sometime in the future."
The guy thinks rather highly of himself, doesn't he? :D

Wally Bird Jul 13, 2010 9:47 pm


Originally Posted by essxjay (Post 14295543)
John Rockwell scribbles:
"Our folks need to be aware that he or his associates may try to bait us into some inappropriate action sometime in the future."
The guy thinks rather highly of himself, doesn't he? :D

Hey, he's a (gasp) Chief of Police. OK he's only a chief of an airport PD not a real one but still, goes with the job.


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