On 10/5/08, Cotty <[EMAIL PROTECTED]> wrote:
> On 4/10/08, ann sanfedele, discombobulated, unleashed:
>
>
>  >I think there has been lots more mischief created by the ease with which
>  >one can use a cell
>  >phone to clandestinely  photo strangers on the street and blast them to
>  >the world on the web.
>
>
> Ann raises a very topical point here - one that still has plenty of
>  mileage to run - and will become more prevalent in the near future.
>
>  There are plenty of reports from around the world of situations where
>  passers-by to an incident who have pulled out their camera-phones and
>  snapped some pics or recorded video, have subsequently had them
>  confiscated by police who claim that there may be evidence relevant to
>  [the] investigation of said incident.
>
>  This raises important civil liberty issues that have yet to make it to
>  court (in the UK) in a defining situation.
>
>  Viz: an air ambulance lands in a town centre where an injured man is
>  stretchered onto it, the paramedics still working on him with CPR etc. A
>  couple of dozen bystanders are caught nearby between the police cordon
>  and a building, effectively in 'no-man's land' for the duration of the
>  helicopter stay, only about 20 minutes or so. During the patient
>  evacuation, police announce that anyone caught using phones to picture
>  the scene will have them confiscated - and indeed several are seized.
>  Yet two stills photographers and a video news cameraman nearby continue
>  to record the scene. One police officer attempts to stop one stills
>  photographer from photographing, and a conversation ensues which results
>  in the officer from backing down and concentrating on the crowd.
>
>  This scenario actually happened recently in the UK, and I was the video
>  news cameraman in this case.
>
>  My point is that the time will come when the police will not back down
>  and censure of legitimate newsgathering operations will result. I
>  suspect it will proceed to court for a legal definition to be made that
>  will then inform future police powers (in the UK in this case).
>

Scary.  UK moving towards fascism?

>  At what stage do 'legitimate newsgathering operations' merge with
>  'bystanders snapping on phones' - are the two actually the same? Is
>  there a distinction? Do police actually have authority to seize
>  recording devices by claiming they may contain evidence central to an
>  ongoing investigation? If so - does that extend to professional
>  newsgathering organisations? The answer is - it can.
>

Sounds like fascism has already arrived...

>  In the UK, professional newsgathering organisations (defined by UK
>  standards as a bone fide journalist, licensed by the Association of
>  Chief Police Officers and provided with a photo-ID card for proof)
>  cannot be made to hand over recording devices or their recordings
>  without a court order overseen by a judge. The police could not legally
>  have demanded my camera tape or camera, even though they possibly may
>  have arrested me for a public order offense if I had refused any such
>  demands. My employer's legal department have defined protocols in this
>  situation - no material is ever to be handed to police in such cases -
>  even if arrest will be the result.
>
>  For anyone else, you're at the mercy of the police! Obviously your
>  mileage may vary by country.
>
>  I have as yet to encounter a situation whereby I m off duty but witness
>  an incident and record it on my own camera-phone.........
>
>
>
>
>
>
>
>  --
>
>
>  Cheers,
>   Cotty
>
>
>  ___/\__
>  ||   (O)  |     People, Places, Pastiche
>  ||=====|    http://www.cottysnaps.com
>  _____________________________
>
>
>
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rhetoric. If we are really to be a great nation, we must not merely
talk; we must act big.
          - Theodore Roosevelt

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