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T to people with cameras: Shoot pervs, not tunnels

O'Connor and DaveyT GM Richard Davey, Deputy Transit Police Chief Joseph O'Connor at Hynes today.
MBTA officials today hailed people using social media to post photos of alleged exposers and gropers, although they said they're prefer if the photos were forwarded to them before being posted to social-media sites.

At the same time, officials say there are limits to photography underground: Try taking photos of power panels or locks or tunnels and don't be surprised if a T worker tells you to knock it off.

MBTA General Manager Richard Davey and Deputy Police Chief Joseph O'Connor held a press conference inside Hynes station today to report the arrest of two alleged T pervs - one of whom had his photo posted on Twitter before he even got off the train.

O'Connor said he'd rather have people report directly to MBTA police, but said that he recognized that "a certain demographic" may be more comfortable broadcasting on a social network such as Twitter. "In this case, it worked out quite successfully," he said, adding detectives initially contacted the photographer through his Twitter account.

As one passerby started yelling at Davey and O'Connor about people taking her photo on the T, Davey said there's nothing wrong with taking photos of possibly illicit activity on the T. "There is no expectation of privacy in a public place," Davey said. "That's pretty well established."

At the same time, O'Connor emphasized police will not simply pick somebody up because of a Twitter photo - detectives will use other methods, such as photos from CCTV cameras in the T system and plain old police footwork to investigate first.

O'Connor said Lawrence Maguire was arrested for the Red Line incident after his photo was distributed among T police and one lieutenant recognized him from past dealings. In the case of the Reservoir incidents, O'Connor said his department has "compelling evidence" from other photos that the man exposed himself by removing a reusable shopping bag when a woman walked by.

O'Connor added that while he hopes news of people snapping perv shots will discourage future incidents, the alleged pervs are still out there. He said police have yet to identify one man who was allegedly taking compromising photos on a Green Line trolley.

Meanwhile, Davey said that even as the T encourages people to take photos of possibly illegal acts, he cautioned that not everything on the T is open to photographers.

Current written T photo policy says non-commercial photography is generally allowed on the T, subject to certain safety restrictions (no flash or getting in the way of the public or T workers). However, the police also prohibits photos that could pose "a security or safety threat."

Davey said this could include photos of tunnels, power panels and power rooms and locks; in those cases, T workers can tell photographers to knock it off.

As recently as last month, however, photographers have reported T workers refusing to let them take even innocuous photos.

Davey said T workers are allowed to stop photographers caught shooting certain parts of the MBTA "infrastrtucture," such as power panels, locks or even tunnels.

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Comments

"There is no expectation of privacy in a public place,"

So I presume that means videotaping police in public can not violate the states wiretapping laws, which have been used in the past as trumped up charges / intimidation. The laws rest on the assumption that the taping is of a conversation deemed private.

You hear it here first folks. The deputy chief says there's no expectation of privacy in a public place.

whoops.

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It blows my mind that this wiretapping BS hasnt been sued out of existence. Boston is crawling with lawyers, surely someone cares enough about our rights to take it up?

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Videotaping is okay, so long as nobody's voice is recorded.
Don't ask me- I just work here.

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But the letter of the law rests on it being a private conversion privy to two parties, and both need to consent. Like a phone conversation, or illegal recording in a private dwelling or private office.

Unfortunately for police most investigations leading to arrest, if not all, are public domain. Just like the good lieutenant said, you have no expectation to privacy in a public setting. That includes law enforcement on the job.

In fact, Someone in Maryland is facing trumped up charges on wiretapping laws as we speak.

Note: There's was nothing wrong with the officers reaction, nor the original arrest and fines (unlike some people who are bashing the officer for that). But these new charges and the illegal search of his home is something that needs to be dealt with.

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Doesn't it also have to be secret or hidden to violate the law? I don't think the the statue is violated if u have a camera capturing audio and video so long as it is obvious what you are doing so and don't deny it if questioned. Of course this only helps the court case, not with the police harassment.

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"Davey said this could include photos of tunnels, power panels and power rooms and locks; in those cases, T workers can tell photographers to knock it off."

No, actually.

They can ask you what youre doing, and ask you for ID but they cannot ask you to stop unless you're blocking passage or obstructing operations.

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Surprising the T officials don't even know their own photo policy... Or maybe not so surprising

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Yeah, because we can't just see those tunnels with our own eyes every day. Taking a photograph does nothing.

Saying "Don't take pictures" is OK when you're talking about areas with restricted access, or classified documents only a few people can see. Saying "Don't take pictures of that thing millions of people have seen untold numbers of times as it's in full view of the public" is legitimately crazy talk.

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I'm glad power panels and locks make for completely boring subject matter, tunnels are a bit different story though. It's completely frustrating that they are acknowledging there own policy but at the same time are leaving it as gray as possible to suit there own needs and their employees refuse to obey it. Think it's time to test the policy again.

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The T photo policy bullshit frustrates me to no end. Like a terrorist isn't going to be able to get information on the tunnel system anyway. As someone else said it's not like people can't see this everyday. And there's some fabulous tunnel photography out there like this great shot http://www.flickr.com/photos/kvegas/3338211358/

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Telling someone not to photograph a public building is silly, but I do not understand why you hippies are so up in arms about the Man telling people not to take pictures of locks and electric panels.

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I'm not up in arms over any of this, but I don't really see the clear-cut reason for prohibiting photos of such things. It's really a security threat? O...k...

Frankly, what gets me more ticked off, speaking of "blocking passage or obstructing operations" mentioned in a response above - is why people think that T stairways and exits are the ideal places to check phone messages, text people, etc. I can't even count the number of times I have to trudge along behind people on a staircase, etc, because the jerk in the front is blithely reading something on his/her phone instead of WALKING at a reasonable pace. Annoys the crap out of me.

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Worse, photos embarrassing to the MBTA can be posted on the Internet.

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Liberty man. It's like a good bowl of hemp or something.

In fact, moonbats (and conservatives) should be the most up in arms about it. But they're not.

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Probably because the restrictions are likely unconstitutional.

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This sounds too damn arbitrary/vague to be legal (constitutional?). Giving MBTA employees discretion to determine what is OK and what is not OK to photograph seems extremely arbitrary.

If the MBTA wants to keep certain parts of their system private, they need to keep those things private.

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Someone is standing in front of an electrical panel, and doing some thing obscene you can't take a picture of it and forward it to the police or the T? Considering I have neither organization on my speed dial, but I do have twitpic. I will forward my picture to the contact I have and hope some one at one of those organizations is monitoring social media.

OR the police department and the MBTA could post their contact information in stations, on trains and buses. So if I see something, I can send a picture to them? Maybe meet us half way?

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Or you could get a real job.

I think the next time I see one of you douchebags holding up a camera phone to take a nature shot of a fixture on a T station, I might 'accidentally' bump you and cause your phone to fall onto the tracks, or step on it, or hit it with my bag. Oops! Should have paid attention to that smart phone policy.

Seriously people - act like an adult - the last thing we need is some dummy standing infront of the T snapping photos of it for their twitterpic. You may end up with an elbow in your gut. I don't see any T policy against that.

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But there are laws against acting out like a self-important thug.

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You don't see any policies against elbowing people in the gut for exercising one of their basic rights? Go ahead, elbow me in the gut. I will press charges, and because I do have a job, can afford a very persuasive lawyer. And because Im holding a camera, I will take pictures of you so that there is no question that it was you who assaulted me, damaged my VERY expensive personal property and caused extreme emotional distress.

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