Dear Photographers: The Government Is Watching You

Dear Photographers: The Government Is Watching You

How would you feel if you were taking photos of some train tracks and suddenly found your name on a list formed by the government of people acting suspiciously? What about photos of planes taking off and landing, sea ports or industrial buildings? NPR reported today that such a list exists and I'll post some shots of it below. If your name shows up on this list be ready to have the FBI knock on your door or give you a call as one photographer in LA experienced.

Hal Bergman loves shooting all things industrial in and around Los Angeles. Unfortunately throughout his shoots he has also been stopped on numerous occasions by police officers asking about his activity. Often the officers will hear his explanation, see some of his photos and let him be on his way. But on more than one occasion his name has been reported to the Nationwide Suspicious Activity list which is an initiative started by the Justice Department. As a result, at one point two FBI agents showed up at his door to investigate the situation and another he received a phone call from the FBI asking questions like, 'Do you hold any ill will toward the United States of America?'

Is this list limiting our ability to take the photographs we wish? Are our freedoms of being able to create art even while we are on public property being taken from us?

Here are some screen shots from the database of suspicious activity that has been reported in the past.

Fstoppers Suspicious Activity List 2

Fstoppers Suspicious Activity List 4

Here is a screenshot from the Los Angeles Regional Intelligence Center.

Fstoppers Suspicious Activity List 3

If you would like to check out more suspicious activity reported to a list collected out in California you can find it here in this PDF.

Lastly, here are a few photos I grabbed while out driving around practicing a few years ago. Thankfully, as far as I know, I have not been placed on the suspicious activity list. Have you?

Fstoppers-Suspicious-Activity-List-5

Fstoppers-Suspicious-Activity-List-6

[Via NPR, Via Reddit]

Trevor Dayley's picture

Trevor Dayley (www.trevordayley.com) was named as one of the Top 100 Wedding Photographers in the US in 2014 by Brandsmash. His award-winning wedding photos have been published in numerous places including Grace Ormonde. He and his wife have been married for 15 years and together they have six kids.

Log in or register to post comments
146 Comments
Previous comments

I doubt you were on the on the other side, not after reading your comments.

Some of us have been, though.

Hence my statement and comment to your post.

Feel free to run a background check ;)

How do you know he's a civilian?

I am sure "on the other side" are only perfect, objective, good, just, incorruptible, well intended people, highly motivated (I really want to hear that motivation ) to pursuit our happiness and.... world peace.

Of course, "protecting civilians" is the best excuse for anything. It's not the first time in history when it's used.

"Trust me no one cares about your facebook statuses or your artistic instagram photos if you have nothing to hide. No one cares."

Why do we have to trust you? Especially when you don't trust us? I want to have the right to choose to trust you or not. Empty shallow words doesn't convince me..

I know a stock photographer who got the Feds to question him on the spot I believe while taking photos of a Nuclear Power Plant that isn't too far from here for stock. Obviously they took some convincing as they didn't have the slightest clue what stock photography was. I've been stopped by police on a few occasions as well but don't think I've ever been put on any sort of list. hah

I say we have a contest to see how many of these "lists" we can get on. Is it against the law to have ill will toward the government?

lol.. only in America..Cameras are far more dangerous than automatic weapons ..

Don't forget Kinder Surprise Eggs.

Funny thing. When I saw the headline of this article, I thought you
were making fun of people who take photos around train tracks. It is,
after all, a bit campy and cliche. But interesting article, none the
less.

Come on, Sacramento County, you should be better than this. :(

In 2012, the following activities are considered to be “suspicious” by the FBI….

-shielding your computer screen from others
-paying with cash
-acting “nervous”
-using multiple cell phones
-requesting a specific room at a hotel
-traveling with a large amount of luggage
-refusing maid service at a hotel
-staying in your room for too long
-changing your appearance
In fact, if you see any of these things you are supposed to contact the feds right away.

Report your neighbors and win fabulous prizes! McCarthyism is coming back. Terror is the new Communism. Orwell wrote the handbook.

someone report my next door neighbor....he's highly suspicious!

Can you guys see how these kind of posts trigger us/people to get angry in comments?
I personally do not enjoy one sided articles like this. Most of the incidents photographers get involved are specific situations depending on where the photographer was, how he behaved, how he talked to surroundings, answered officials. Of course same about the officials. But this is a photography website so we get to hear photographer's standpoint. We will never know what those circumstances were exactly on those incidents stated in this article.
This article puts some of the facts collected from the reports and provokes us to complaint in two opposite claims.
I feel sorry for photographers who get in trouble, also for officials who get in to cases. Even us photographers who comments against each other here.

Not an inspiring article but provocative.

So on my next vacation in the US I guess I should be fearful of taking pictures because, as a foreigner who would then be put on a watch list, this may lead to me not being able to ever return.

Sounds like I have two choices:
1) Avoid taking pictures whilst in US territory, or
2) Go somewhere else for vacations.

Welcome to America, Third Reich got nothin' on us!

A young lady I mentored for her high school senior project started doing pictures and portraits on and around railroad tracks in our small town. After posting them online for her friends to see she got a very legally threatening letter from some jack-hole with the railroad who told her take her pictures down, never shoot there again, etc., etc.

I told her to flip the finger to the letter writer, but her father, a county cop, told her to do as told.

http://www.ledgernews.com/news/top_stories/danger-on-the-tracks/article_...

i read the article and it specifically mentioned posing people near or on the tracks. that is such a no-no, even the high school senior should know that. i'm not sure they have the right to make her take the photos down after the fact, but she should be warned about using the tracks as props in future photo projects.

Pretty much soon they would ask you the question: "Why do you breath here in this area?"

I personally don't see a problem with this. If you're doing nothing wrong, then it shouldn't be a bother. As a former military member, I know that sometimes the best offense is your defense, stop things from happening before it can. Taking photos of possible bombing locations, for example, is something I'd expect any terrorist suspect to attempt.

I agree, if you are not doing anything wrong then that shouldn't bother anyone at all, they have every right to be protective, and at the end of the day they are protecting their people!

They have similar rules in here in the UAE, for example there's a bridge "Sheikh Zayed Bridge" which is a landmark in the capital Abu Dhabi, and when you are driving on it you could see signs that it's not allowed to take photos of it (still people do take photos of it of course), and I think it's in case of any terrorist activities or anything!

YeaH...you're probably right...I bet all the terrorists get their 5D's out with their bright white 70-200's and make photos for planning attacks.

Yup, much in the same way that the terrorists in the 9-11 attack went to flight school to receive technical training. I imagine the equipment used was much more expensive than just a camera. I'm just saying big deal if you're on a list.

Are you crazy? These photos are amazing and they think they are "suspicious"? Damn.. this world is going nuts.

This is now a double whammy because with the NSA track select words it puts a whole new meaning to a Facebook message that reads "Yes honey I've got the kids in the back yard and I'm just going to shoot them now."

It's actually worse...two weeks ago I witness 7 young girls get confronted/harassed by the local police,on a public beach in Laguna Beach, CA because they were taking pictures with their cell phones of each other. I asked a local, newspaper editor about this and he said there's a rule on the books that has to do with people stalking and taking inappropriate photos on the beach. Yeah that's not what these pre-teen girls were doing. They were laughing and playing and enjoying life. After the cops left, they packed up and left.
Oh and the two cops totally missed the group of adults right behind them smoking and drinking alcohol which is posted on the beach as illegal!

that's what you call a police state.

In the words of Brad Pitt's character in The 12 Monkeys - "f**k the bozos!"

Amazing how one can write and article like this and miss the biggest point of all: We are no longer in a "FREE" country. Since the so-called "Patriot Act" more and more of this crap is happening and without the general citizen's interest in mind. It is a bunch of malarkey. The saddest thing about all of this; it's what the supposed "cold war" with Russia was all about, and here we are turning into the state that Russia was at that time. So sad... I suppose the 1st Amendment is simply a myth at this point as well as many other so called constitutional rights. Ever wonder why they screen, feel you up and make you walk thru a metal detector just to see the Liberty Bell? Nice shot by the way of the tracks.. Actually - very nice!

A very close friend of mine, and two of his friends were criminally punished for shooting video and photos near a moving locomotive here in the Lake Tahoe, CA area. The subject of the images actually had to serve time. Was pretty bad, but they were shooting a snowboarder jumping a moving train. If they never posted the video, no charges would have ever been filed.

Crap! Now where are new photographers going to take photos of their friends band????

woooow. well back 3 years ago I was doing some portraits on a train track when cop stopped and informed me it was private property and I would be fined if we did not leave. I had no idea. There were no signs and no fencing plus it was right next to a park so figured it was fair game. D:

Railroad tracks and 10 feet (I think) to either side of the tracks are railroad property, and railroad property is VERY private property. You can be in a world of hurt if you get the RR Police after you. Not that I know this from personal experience due to any foolish pranks back in high school. Not that at all. Just sayin'

I can't even imagine how many lists I'm on

Whatever

Years ago I was the editor of a literary magazine at my University in Canada. We got a subscription request, complete with money order, from the United States Defence Intelligence Agency. Nothing doing!! We cashed the money order and had a beer.

Remember kids...this is "Change" and "Hope"

Don't worry my brothers. Allah will guide us and help us find targets to "photograph" for "our enjoyment" and by "photograph" I mean photograph and by "our enjoyment" I mean so girls will like us. And by Allah, I mean my friend Rocky. He knows some really great spots to "photograph" and by "photograph" I mean threaten national security of THE CENA NATION. Triple H is coming for you son! WOOOOOOO!

what gives the gov is nothing but spies i have lost respect for the gov i think this is downright stoopid and pitttyful shame on yu

There is nothing wrong with questioning motives. How else are we to thwart the efforts of those who mean to do us harm? These are inquiries, not prohibitions. If you have nothing to hide, then there should be nothing to fear. If you have something to hide, I hope to hell you fear and that fear will drive you away from doing something that would harm another. Don't bemoan the act of defense and then be outraged at the successful act of terror.

i take photos of trains and graffiti on trains. if the fbi wants to waste their time bugging photographers and "benchers" then let them its funny.

DO NOT TRESPASS.
I take photos and videos while being on the lookout for suspicious persons/activities or problems.
Emergency numbers for our railroads are stored in my cell phone.
SEE SOMETHING, SAY SOMETHING!
I am glad that people are watching for criminals and terrorists.
Personal contacts by law enforcement is merely the inconvenience of living where cowards are free.

this might be something to print out, read, understand and more importantly, carry with you.

You (legally) can photograph what you can see from your property or public property or from property you have PERMISSION to be on. No reasonable expectation of privacy for the other parties... However, tresspassing onto property you don't own or have PERMISSION to be on is and has been a No No forever. Railroads are not public property, plain and simple. They just don't have continuous fencing and signage...so they appear to be an attractive location to the wanderers and photographers.

exactly! the railroad has X-amount of right-of-way that is theirs. no markings necessary. and don't forget, real railroad cops, not rent-a-cops, but real ones are federal officers of the law. not dudes to mess with.

This guy should just claim he's a Muslim working for Obama, and the cops and feds will leave him alone.

seriously? get a grip.

This is highly irrepsonsible, lazy journalism at its WORST.
TRAINS magazine had many stories last year about photographers in NYC and DC that went to court and got an injunctions re-stating the well-known statute that allows "...photography of any person, domicile, structure, or appurtenance visible from the public way."
In other words, if it can be seen from a roadway or public thoroughfare, it can, LEGALLY, be photographed.
SHAME on you for repeating this nonsensical urban legend !