Tag Archives: Freedoms

Rights fading away

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If you hadn’t already noticed, I am a keen hobbyist photographer. I love going out with my family and taking pictures of everything around me. This is pretty harmless and it gives us nice pictures to hang on the walls or foist off on relatives in place of Christmas and Birthday presents. As a pastime, there could be much worse.

Being interested in photography, I always considered myself lucky that I was born in a democracy where people are basically free to indulge in their hobbies and predominantly interested in landscape photography where you dont have to ask someone to smile.

It seems, however, I was actually quite wrong and it is only my tendency for landscape shots that keeps me on the right side of the law. Despite our “evil freedoms” being abhorrent to the nutcases like Usama Bin Laden, we actually have a lot less than you would think. Actually, that isn’t true (yet) but I will come back to this.

Two news items from this weeks Amateur Photographer magazine give pause for thought about our “rights” and freedoms. The first is a worrying incident in the land of the free:

A TV crew filming a story about photographers being harassed at a US railway station were stopped by security and told to switch off their cameras. (…) Tom Fitzgerald, a reporter for Fox 5 television, was interviewing the chief spokesman for rail operator Amtrak when a security guard ordered the crew to stop filming. Ironically, the spokesman had apparently just confirmed to the reporter that photography was, in fact, allowed.

It continues to mention that this is not an isolated incident (flickr discussion) and the madness that “moves are afoot to introduce draft legislation designed to protect the rights of photographers to take pictures.”

It is doubly ironic that they tried to put paid to the film crew filming the company spokesman saying filming was allowed. What better example of corporate non-communication could there be?

The Amtrak Goons are insane, but are not alone. We have a similar problem in the UK:

Olympics 2012 bosses have apologised to photographers who complained about heavy-handed treatment by security guards at the East London construction site. The Olympic Delivery Authority (ODA) came under fire after two amateur photographers complained following a confrontation outside the site on 3 May. Louis Berk and Steve Kessel say they were left feeling intimidated after guards demanded to see their identification. ODA spokeswoman Laura Voyle said the guards approached the photographers ‘to investigate a report that they had been seen within the Olympic Park boundary’. However, the pair insisted they had been on a ‘public pavement’ and had not ventured onto the Olympic site itself. (…) And [Olympics Security Manager] promised to conduct a ‘review of instructions on how they will deal with issues relating to photography’.  (…) However, [Louis Berk] does not feel reassured, telling us: ‘What concerns me is that I still don’t know if the ODA realises that suspicion of taking photographs of their property from a ‘public place’ is not a cause for intervention by the guard force.’

There is more madness around the 2012 London Olympics but this highlights the current problem.

In a nutshell, both instances were the result of private Security Guards not being aware of the rules regarding their location. This is down to poor education by their employer. In the UK you can photograph almost anything (some locations are exempt under the 1911 Official Secrets Act) from a public place. If you can see it, you can photograph it. Kind of makes sense really. It is different if you are on private property, but 90% of the time the property owner will give permission. Again, it makes sense. I can only assume the law is similar in America.

What is worrying is that both instances show people have a default setting of STOPPING photography. I will be charitable and say neither organisation put out instructions to annoy members of the public (including tax payers who paid for the bloody Olympic-farce) so the security guards must have assumed the camera was a security threat. Over the last few months there have been lots of occasions where over zealous guardians have taken offence at people trying to take photographs, even in (weirdly) popular tourist destinations like Trafalgar Square. I have read claims that people were questioned because they could be “terrorists doing reconnaissance” (with an overt camera and tripod – good job Johnny Foreigner isn’t clever enough to use a mobile phone camera…) or other equally spurious risks (there were children present etc..).

The problem is, these fears (and certainly this one in particular) are nonsense. Bruce Schneier, BT’s chief security technology officer, recently wrote an excellent article for the Guardian where he dismisses most of these fears. The article is really, really worth reading even if you aren’t a photographer – there are many more “freedoms” at risk from our apathetic approach to them and “terrorism.” Schneier has an interesting theory that this madness where we fear long-lens cameras is because it is a “Movie Plot Threat.” Also worth reading.

Sadly, it may well be too little, too late for our society. We fear that the evil Islamic terrorists will destroy our culture, so to “beat” them we destroy it ourselves. Well done us.

False Promises and False Hope

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The governments plans for 42 days detention of innocent people is unpopular and the government knows this. Unsurprisingly the opposition are currying public favour and seem set against the plans, but a few Conservatives remain true to their party’s ideas. Extended detention seems a very “Tory” policy so it is strange that the Labour party are trying to implement it and the Conservatives are against it but, I suppose, that is 21st century politics – no party has a policy any more they just want to get votes by any means…

Anyway, the irritating Ann Widdecombe seems willing to stick by her “Ideal” rather than curry public favour and she is going to vote for the inhumane six week imprisonment (with altered access to legal counsel as well) of innocent people. (Do I sound biased? I hope so).

Still, Widdecombe is not so principled that she can actually be honest with the public and, like most supporters of this madness, she wraps it up in false promises and an empty hope:

Widdecombe said that plans to extend the time terror suspects could be detained from 28 to 42 days would be acceptable if there was a “sunset” clause requiring the legislation to be renewed by MPs each year.

“My reasoning is very simple indeed: it’s that if we have a state of emergency then the government should be able to ask parliament for emergency powers, as we did for example over Northern Ireland … providing that the legislation does not remain on the statute books indefinitely until somebody gets around to repealing it,” she told BBC Radio 4’s The World at One.

This infuriates me. The idea that a “sunset clause” would do anything other than give MPs something to vote on every 12 months is madness. If this shocking law makes it onto the statute books it will remain indefinitely.

If we are, as some mad people claim, in a “state of emergency,” how will we get out of it? Seriously?

Al Qaeda is not an organised terrorist group in the manner of the IRA so there will be no Good Friday Agreement. They are not a nation like Iraq/Iran so there will be no invasion then “end of combat operations” (however spurious a claim). Even if Osama Bin Laden surrenders or calls for peace, how will this affect the countless (or 200 if you believe the PM) other terrorist networks?

Our state of emergency, if one indeed exists, is permanent. The whole meaningless-ness of “War on Terror” means it falls into that never ending list of “wars” we fight since we became a peaceful nation. War on Crime, Drugs, Obesity, none will end. None can end until everyone is dead. Bringing specific “war-time” legislation on the basis of this is genuine, evil, madness.

More worryingly, go back to Widdecombe’s example. The government did, indeed, bring in special emergency powers as a result of the IRA bombing campaigns. Policemen in NI were allowed to carry weapons. Civil liberties were curtailed because of the conflict.

The conflict in NI is now officially over. The IRA / Sinn Fein want peace. The government says there is peace there now and Operation Banner is now over. However all the emergency legislation remains – in lots of cases it has got much, much stronger. The original 1974 reason for bringing in 7 days detention for terrorist suspects was the “difficulty” In prosecuting the IRA. This caused public outrage and was described as an “emergency measure” to offset the massive success the IRA were having – ten times as many died at their hands each year in the 1970s as have been killed by Islamic Terrorists in the UK, ever. It is also implicated in several wrongful prosecutions (eg Guilford Four). It seems the end of the state of emergency which allowed for 7 days detention has simply resulted in it increasing six fold.

The recent ordeal of the student who was detained for only a fraction of this time highlights how this is not something a civilised nation should ever do to its population. If I was detained for 6 weeks without charge I would certainly be close to confessing to things I have never done. Likewise, when I was released I would certainly hold a monumental grudge against the state that instituted such acts.

Another thing which really concerns me about this is: The politicians in support of this law, and the media, seem to carry the basic assumption that the person is guilty. The talk is about detaining the person while they gather enough evidence for a successful prosecution. No mention is made of the fact this person is innocent. No mention is made that an innocent person has been put in jail while the police look for evidence of guilt. We have actually gone to the stage of allowing the police to decide guilt on our behalf. Wonderful.

It is a good job we can trust the state to never make mistakes, never falsify claims and all public servants are so well behaved no one will ever misuse these powers. It is a good job because the state is certainly not answerable to the public in the Wonderful Britain of 1984 2008.

I suppose, if people were allowed to sue the government if they were detained for 42 days then not found guilty (or not charged) it would be a bit more reasonable. But, basically, you will spend six weeks at Her Majesty’s Pleasure what ever the outcome.

That can never be right.