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Photographers Can be Detained as Potential Terrorists Under Official LAPD Policy

Categories: WTF

polaroid camera girl Luke Nadeu flickr comm ok.JPG
Luke Nadeau / Flickr
See the ACLU's response at the bottom.

Even as America has remained fairly free of foreign terrorism in recent years, the LAPD this week moved ahead with an official policy that considers taking photos and videotaping of some buildings suspicious activity.

Deputy Chief Michael Downing, who's in charge of the department's Counter-Terrorism and Special Operations Bureau, is drumming up for support for the controversial policy changes by saying there are terror cells active in L.A. right now.


KNX 1070 Newsradio got this out of him:

"In this region we have active terrorist plots, in this region, right now," said Deputy Chief Michael Downing, commanding officer of the LAPD's counterterrorism unit.

The Department is currently tracking "government of Iran operatives, Hezbollah, sovereign citizen, homegrown violent extremists, animal rights groups" and others, Downing said.

He added that Iranian or Hezbollah agents may initiate attacks locally if war erupts between the U.S. and Iran.

Dang. Way to play it like a Republican fearmonger.

While the suspicious-photographers policy approved by the Police Commission has some tight, exclusive wording, we can imagine beat cops going off on everyday tourists (or journalists) as a result.

The directive for "Potential Criminal or Non-Criminal Activity" includes:

camera close Joseph Gray flickr comm ok.JPG
Joseph Gray / Flickr

Photography. Taking pictures or videos of facilities/buildings, infrastructures or protected sites in a manner that would arouse suspicion in a reasonable person. Examples include taking pictures or videos of ingress/egress, delivery locations, personnel performing security functions (e.g., patrol, badge/vehicle checking), security-related equipment (e.g., perimeter fencing, security cameras), etc.;

Observation/Surveillance. Demonstrating unusual interest in facilities/buildings, infrastructures or protected sites beyond mere casual or professional (e.g., engineers) interest, such that a reasonable person would consider the activity suspicious. Examples include observations through binoculars, taking notes, attempting to measure distances, etc. ...

Wait: See something, say something, right? But not via binoculars or notepads, apparently.

LAPD Terror Policy

Damn. Paired with " ... questioning individuals at a level beyond mere curiosity about
particular facets of a facility's or building's purpose, operations, security procedures ...," and " ... presenting false or misusing insignia, documents and/or identification to misrepresent one's affiliation ..." (aka juryrigged press passes made by your cousin Pedro), the LAPD is now poised to detain and question half the L.A. Weekly staff!

The ACLU, we're told, is concerned about the changes. The organization sued Long Beach police the L.A. Sheriff's Department over a similar policy after a journalist was detained for doing his job.

[Added at 4:11 p.m.]: The ACLU is taking a wait-and-see approach as the LAPD Inspector General was due to report back in two months on how things were going following the policy's approval.

Peter Bibring, senior staff attorney at the ACLU of Southern California, says the LAPD's stance toward photography is nonetheless disturbing:

The fundamental flaw in this program is that it labels as suspicious activity acts that are not only lawful but commonplace. It doesn't help national security to fill counter-terrorism databases with information about people taking pictures in public.

[@dennisjromero / djromero@laweekly.com / @LAWeeklyNews]

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36 comments
TRUTH
TRUTH

Odd that "animal rights" actitivists are considered terrorists, but the anit-abortion freaks, who DO like to go around killing doctors, are not mentioned?!?!?!?

Regardless of their pathetic opinion, I am not going to stoped by NAZIS. EVER.

MoT
MoT

People need to swarm these places and proceed to "photo bomb" with cameras flashing away.  This in itself makes a mockery of just such inane babbling.  I'm reminded of the same thing being foisted on the people of London.  One snippet that stood out to me were the words "a reasonable person".  What in the hell is that supposed to mean?  In my mind I'm "reasonable" and so I decide I can take a picture whenever I damn well feel like.   The message it seems to convey is that THEY consider themselves to be the final arbiter of what is considered reasonable and if you happen to catch them in an act of abuse or criminality then your photographing them is "unreasonable", eh?

nathanbonsal
nathanbonsal like.author.displayName 1 Like

The real problem with this is that most security officers are morons when it comes to photography. Here's an example:

When using a large(ish) DSLR or medium format camera, it's not unusual for photographers to be hassled in public places. The largeness of the camera arouses suspicions. 

This is idiocy. The last thing a secretive person would do in order to get photos of a tactically interesting target is to use a large camera in an obvious manner. The ironic thing is that in those situations, a person with a cell-phone or subcompact camera can get away with taking photos from much closer without arousing suspicions.

All of this means that this law will result in security officers wasting time harassing legitimate photographers, when they will simply not notice the compact cameras that can do the same things from a tactical perspective. The image quality differences between an SLR and a phone in broad daylight are insignificant from anything but an aesthetic perspective. The SLR allows artistic choices not available to the smaller formats, but the level of detail available from each is similar enough to be a moot point.

In addition, in cases all across the country, police officers routinely confiscate photography equipment when doing so protects them, and it's not at all unusual for them to delete photos off of the devices in question. When the law would EVER authorize an agent of the law to destroy evidence is the major question there.

I predict that this policy will lead to several lawsuits from photographers, several lawsuits from people who look "swarthy" but otherwise aren't suspicious enough to warrant the abuses they will receive, and zero terrorist attempts will be thwarted.  

Here's a hint for the clueless- if you wanted to gain tactical information about a building, you won't be anywhere near the building to get it.  You'd look totally normal by simply bringing some buddies and photographing THEM all over town. Nobody would notice it as long as your obvious subject was your friends. 

What are you going to do? Ban people from taking pictures all over town? At what point does the threat from your own ever-present well-intentioned but misguided law enforcement agency surpass the tiny fraction of threat posed to you by foreign weirdos with religious extremist views who mostly live thousands of miles away?

September 11 was horrible, but if you calculate its overall impact in the 2001 murder rate, it was rather a tiny thing to go changing the entire law enforcement policy of the USA over and not worth losing essential liberties because of.

lollipoptheif
lollipoptheif

If LAPD Asst Chief Downing wishes to build approval and support from the citizens for these policy changes then he must begin each day:

 

by  presenting his credentials to support his claim of authority and expertise in the area of strategic terrorism interdiction and prevention.

 

This should include the specifics of Asst Chief Downings Masters and Doctoral degrees, credentialed institutions attended, recognized academic experts who mentored his studies, research studies which he conducted and papers which he has authored, specialized post-graduate seminars and symposiums which he has attended as a student and attended as a expert participating in panels and conducting  training courses.

 

This report quotes Asst Chief Downing on the tracking of threats posed by Hezbollah and Iranian operatives. We can assume that Mr. Downing would not present his authority on this issue unless he has been certified as fluent in Arabic and Farsi. Mr. Downing should confirm this to the public as well as any fluency or partial fluency he has in Pashtun, Urdu, Hindi, Tamil, Turkish, Uzbek etc.

 

Due to the nature of his position and the influence inherent in his position, Asst Chief Downing needs to reassure the public of his independence and objectivity. At the least, the public needs a complete financial disclosure for Mr. Downing and his immedeate family. If he hasn't yet placed all of his assets and investments in a certified blind trust, now is the time as he seeks the public's approval for his policy reccomendations.

 

We know that DHS and other Federal agencies offer substantial grant and funding programs to local agencies for their participation in conducting specific activities and implementing policy changes under the category of Homeland Security. These Federal agencies may offer partial to complete funding to the local agency - to cover equipment purchases, infrastructure modifications and reimbursement for salaries.

 

 The public needs reassurance that Asst. Chief Downing can make objective policy reccomendations removed from influence by partisan political agendas. Chief Beck can help the cause by verifying to the public that Mr. Downing' s function has been thoroughly isolated and insulated from the LAPD's function of submitting application for Federal funding and coordination to gain approval and maintain policy compliance related to Federal  funding.

 

I don't claim any expertise in the field of anti-terrorism. I still believe that even a layman may have some legitimate questions for Asst. Chief Downing which arise from some of his statements and recommendations. We need some concrete examples of how these policies result in  improving our current anti-terrorism capabilities at LAPD. We also need to hear how the LAPD will avoid the anticipated negative impact to our capabilities from  side effects of some  policy changes.

 

We can be certain that Asst. Chief Downing is dedicated to the safety of our region and sincere in the effort to persuade us of the necessity of the recommended changes. However, we are discussing how we utilize our anti-terrorism resources and mistakes can be very costly.

 

We must have complete confidence in the objectivity and expertise of the person guiding these efforts at LAPD. We can't afford anything less than vigorous scrutiny of policy changes - they must hold up to the highest level of substantiation and verification. They must be based in the most up-to-date standards of current best practices and must incorporate the knowledge available from the real-life examples of success and failure experienced by agencies engaged in similiar efforts anywhere in the nation and the world.

 

If we are not ready to do that in Los Angeles , then it may be safer to maintain the current policy rather than make policy changes which could result in creating unidentified vulnerabilities and deficiencies in our regional capabilities. No program or policy is perfect to meet terrorist threats, but it would be a shame to make changes which diminish our quality of life, spend even more money than before and open us up to an unidentified and tragic new vulnerability

 

 

Jeniffer Deetz
Jeniffer Deetz

This is the most ridiculous shit I've heard in a long while.

Ricardo Herrera
Ricardo Herrera

so based on the article, animal rights groups are consider terrorist??? since when defending animals is a bad thing???

G Mack Hill
G Mack Hill

why is the number of the actual Special Order redacted? it's Special Order No. 11...hmmmm...

G Mack Hill
G Mack Hill

why is the number of the actual Special Order redacted? it's Special Order No. 11...hmmmm...

Erick Huerta
Erick Huerta

The Stop LAPD Spying: Campaign to Rescind Special Order 1 was there for the meeting and is fighting to end these policies.

Andrew Stretch Patterson
Andrew Stretch Patterson

This isnt about terrorism ! This is about giving more power to police and giving them reason to arrest you and to confiscate your camera when your filming them and there unlawful activities.

William Savage
William Savage

It's been going on downtown for awhile. How can they possibly stop tourists from taking pictures of Disney Hall? How many innocents have been killed by cops this year? Maybe they're the terrorists?

Pilar Mac Daniel
Pilar Mac Daniel

I live in Park La Brea in Los Angeles. I was trying to take a picture of a fountain and security told me I couldn't take pictures??? I lived here over 30 years, I must have over 100 pictures. What are they going to do, put me in jail?

cameronrath
cameronrath

Don't forget that with the extension of the Patriot Act, the use of the espionage act of 1917 and Obama's new Indefinite Detention Act, taking a picture could end you up in an undisclosed prison for the rest of your life if the government decided to take that route. 

David Madsen
David Madsen

I was photographing Union Station last year and was taken aside by undercover Amtrak cops. Grilled for about 15 minutes. (They wear backpacks and flannel shirts)

Jean-Claude Sofaking
Jean-Claude Sofaking

Next they will hold you for questioning if you're seen using a cellphone within any major city, hah. I wonder if this is to cover their asses while they try to racial profile

Jean-Claude Sofaking
Jean-Claude Sofaking

Next they will hold you for questioning if you're seen using a cellphone within any major city, hah. I wonder if this is to cover their asses while they try to racial profile

darkbcm
darkbcm

animal rights groups???? since when defending the animals is consider "terrorism"?????

 

Angela Bonilla
Angela Bonilla

The LAPD seems to be getting more ridiculous every day! This is bullshit!

Angela Bonilla
Angela Bonilla

The LAPD seems to be getting more ridiculous every day! This is bullshit!

Liliana Vasquez-Duran
Liliana Vasquez-Duran

Too much has been given up because of our fear of terrorism. Fuck it I will take my chances I want our freedoms back!

Rocky Wall
Rocky Wall

what has happened to our world!?!?!?!?!?

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