Taking Pictures from Amtrak Trains? Verboten

By Joel L. Merchant

Countries, like people, make friends with others one at a time. This is a story of one failure. In fairness to an unknown visitor to our country, imagine yourself in his place. The scene is on a recent Amtrak trip between New York City and Boston. The conductor collects tickets, requests identification, folds destination stubs into seatbacks, moves on to other cars. An older man across the aisle, traveling alone, shows his passport. It is clear from their conversation he doesn’t know English.

After decades as a frequent traveler, I have thousands of pictures -- scenery, buildings, people, architecture, from around the world. Today the train passes a lovely stretch of Connecticut shore, tidal marshes, nesting ospreys, the Long Island Sound. What little attention I pay as the visitor takes pictures, is that I’m impressed with his equipment. He and I, unknown to each other, are members of a picture-taking culture, fellow citizens of a show-and-tell world. I wonder if his will join the thousands on YouTube. I imagine, after his return home, how many friends he will impress with stories and pictures of this mild, early autumn, Saturday morning journey along the New England shoreline.

The train is a half hour west of New Haven when the conductor, having finished her original rounds, reappears. She moves down the aisle, looks, stops between our seats, faces the person taking pictures. “Sir, in the interest of national security, we do not allow pictures to be taken of or from this train.” He starts, “I…….” but, without English, his response trails off into silence. The conductor, speaking louder, forcefully: “Sir, I will confiscate that camera if you don’t put it away.” Again, little response. “Sir, this is a security matter! We cannot allow pictures.” She turns away abruptly and, as she moves down the aisle, calls over her shoulder, in a very loud voice, “Put. It. Away!” He packs his camera.

Within a minute after our arrival in New Haven, two armed police officers entered the car, approached my neighbor’s seat. “Sir, we're removing you from this train.” “I….;” “I……” “Sir, you have breached security regulations. We must remove you from this train.” “I…,” “I…..” “Sir, we are not going to delay this train because of you. You will get off, or we will remove you physically.” “I…..”

IV. PROCEDURE
Non-Commercial/Personal Use Photography
No permit is required for non-commercial/personal use pictures taken in public areas. However, any person taking pictures on, in, or of MBTA property, vehicles, or employees must provide proper identification* upon request of an MBTA Transit Police Officer or other MBTA Official. The MBTA Transit Police Officer or other MBTA Official may allow the person to take pictures at the specific location under the following conditions:
• the person provides proper identification;
• the circumstances indicate that the subject(s) of the picture(s) does/do not pose a security or safety threat or in any way cause disruption of service or operations of the MBTA; and
• the picture(s) is/are for personal or educational use only (e.g., tourist, railroad buff, student, artist, etc.).
Non-commercial photographers are prohibited from using tripods, monopods, wiring or any like equipment that may have an impact on the safety of customers or employees and are prohibited from interfering with the free flow of passengers or disrupting service in any manner.

The "camera" symbol on your Route Guide Map marks the best spots, so have your camera ready.

Outside shots:Medium speed films (ISO 200 or higher) are recommended for shooting scenery through the train windows. If your shutter speed is adjustable and light conditions permit,set it at a higher speed (1/125 or 1/250 sec.) for the clearest results. Hold your lens close to the window to Hold your lens close to the window to eliminate glare and reflections.

Inside Shots: Flash is recommended.To avoid glare and reflections,do not point the flash directly at the windows.

A Stand for Photographer’s Rights

The right to take photographs in the United States is being challenged more than ever. People are being stopped, harassed, and even intimidated into handing over their personal property simply because they were taking photographs of subjects that made other people uncomfortable. Recent examples have included photographing industrial plants, bridges, buildings, trains, and bus stations. For the most part, attempts to restrict photography are based on misguided fears about the supposed dangers that unrestricted photography presents to society.

Ironically, unrestricted photography by private citizens has played an integral role in protecting the freedom, security, and well-being of all Americans. Photography in the United States has an established history of contributing to improvements in civil rights, curbing abusive child labor practices, and providing important information to crime investigators. Photography has not contributed to a decline in public safety or economic vitality in the United States. When people think back on the acts of domestic terrorism that have occurred over the last twenty years, none have depended on or even involved photography. Restrictions on photography would not have prevented any of these acts. Furthermore, the increase in people carrying small digital and cell phone cameras has resulted in the prevention of crimes and the apprehension of criminals.

As the flyer states, there are not very many legal restrictions on what can be photographed when in public view. Most attempts at restricting photography are done by lower-level security and law enforcement officials acting way beyond their authority. Note that neither the Patriot Act nor the Homeland Security Act have any provisions that restrict photography. Similarly, some businesses have a history of abusing the rights of photographers under the guise of protecting their trade secrets. These claims are almost always meritless because entities are required to keep trade secrets from public view if they want to protect them.

Wronged Side of the Tracks?
'Railfans' Complain of Police Scrutiny in Terror Era

By Don Phillips
Washington Post Staff Writer
Friday, November 15, 2002; Page A01

On a balmy Sunday afternoon late last month, Richard Whitenight did what he often does on his days off: He went to a busy railroad junction in Fort Worth to watch the trains roll by.

But as he sat making notes about passing freight trains, two police cruisers approached. Over the next five hours, Whitenight -- who works for the police department in nearby Arlington, Tex. -- identified himself to the officers. Then he identified himself to the officers' supervisor, then a detective from a terrorism task force, then the FBI. They seized his trainspotter's notebook and grilled him about every mark and note in it. They searched his car and took photos of it, inside and out. Finally, he had to sign a form agreeing never to return to the location known as Tower 55.

Whitenight is one of thousands, perhaps millions, of people around the world who spend much of their time observing and photographing railroad operations out of a love for trains. In general, railroads have encouraged these "railfans" as long as they do not trespass or interfere with operations. Railroads even hold contests to use railfan photographs in calendars, and the Association of American Railroads has started a Web site to encourage the hobby.

But after the FBI announced last month it had credible reports that al Qaeda might be targeting railroads, a growing minority of railfans have been questioned and sometimes searched. A handful have even been threatened with arrest, for pursuing a hobby they have embraced for years.