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Dead Constitution
See other Dead Constitution Articles

Title: Do not photograph 3701 N. Fairfax Dr., Arlington, VA
Source: KWM
URL Source: http://mccammon.org/keith/2007/07/1 ... 701-n-fairfax-dr-arlington-va/
Published: Jul 11, 2007
Author: Keith McCammon
Post Date: 2008-06-21 09:36:38 by Rotara
Keywords: None
Views: 214
Comments: 7

Officer Malara

This is Officer Malara, Arlington County Police Department, working a private detail commissioned by the occupants of 3701 N. Fairfax Dr., Arlington, VA.

Officer Malara stopped to take information from a friend and I on the grounds that he observed us taking photographs in a “high security area.” And by “taking photographs in a ‘high security area’” I mean being in possession of a camera while walking down the street opposite several blocks of non-descript office buildings, less than a block from the Virginia Square-GMU Metro station.

Unfortunately, that we weren’t breaking any law, nor were we disobeying any posted warning became a moot point once we were asked for identification (unlike public photography, failure to comply with a request for identification by a police officer is grounds for detention). So, we provided the information that was requested of us, were asked to delete any photographs that we had taken of the facility at 3701 (the photo above was the first that I’d taken), and off we went.

Could we have plead our case on the scene? Sure. Would it have done any good? Doubtful. Once you’ve been stopped and asked for identification, your options are more or less limited to compliance or a free ride to the county jail. Being harassed for photography in public sucks, but it sucks a lot less than being booked. More importantly, I had plans to meet family and friends for lunch at the Old Brogue, and wasn’t about to cancel on account of this nonsense.

So, what to do? I chose to file a complaint (PDF) with the Arlington County Police Internal Affairs Section (IAS). The following were submitted to IAS on 11 May 07:

A summary of my requests:

On 11 Jun 07, following several discussions with my investigator, I received the following in response:

A summary of the outcome:

I lack the motivation to address the points in these responses one-by-one. But suffice it to say that, while I agree with the intent of this policy, I believe the implementation to be flawed. The intent, of course, is to protect . . . something. The implementation, on the other hand, does nothing more than perpetuate fear, and impose a hardship on law-abiding citizens.

These policies, containing vague terminology and lists of items that might at some point be used by someone to do something bad, exist so that the police can find just cause to stop people who legitimately give them the creeps. And to the extent that one of these policies might one day prevent someone from doing something really bad, I’m fine with them. But, as the chief points out in his response, meeting one of the criteria on such a list does not a suspicious person make. Officers are urged to “exercise appropriate discretion.” And in this case, I find it very hard to believe that exercise of appropriate discretion would yield that two young men, casually walking down a busy public street taking photographs, who happen to be opposite some unmarked but supposedly high security facility, qualify as suspicious.

Further, setting aside the issue of officer discretion, the most disturbing aspect of this incident is the simple fact that we had no way of knowing that we were acting in a manner that might have been so much as considered suspicious. If the subject in question is devoid of any type of external marking or warning sign, one should have no reason to suspect that it cannot be photographed (or approached while in possession of photographic equipment). And it follows that one should certainly have no reason to suspect that photographing such a subject might land one’s name on a list, or in a database. Reasonable, law-abiding people tend to avoid these types of things when it can be helped. Thus, my request for a list of locations within Arlington County that are unmarked, but at which photography is either prohibited or discouraged according to some (public or private) policy. Of course, such a list does not exist. Catch-22.

The absurdity of this type of situation is clear: We’re being penalized for violating poorly documented, questionably legal (an argument that I’m certainly unqualified to make) and arbitrarily enforced policies. We’re not being told what is expected of us. And to the extent that we are able, we need to take a stand. We need to know our rights, document the fact that we’ve been wronged, and work for change. And if we fail to enact change, the very least that we can do is make it such a pain in the ass to harass photographers that those who would otherwise jump at the chance will think twice, if for no other reason than to avoid a mountain of paperwork and an internal affairs investigation.

UPDATE1: For those who have expressed interest, I’ve compiled of list of sites where further discussion on this topic can be found. If I’m missing one (or more), please submit the link in the comments over there, as opposed to here.

UPDATE2: See my comment below regarding guidelines for discussion–they are few, and should not be unexpected. No racial slurs. No name-calling. No wishing other participants harm. And please don’t re-submit antagonizing comments because you think you’re being censored–I’m approving anything that doesn’t meet the criteria that I’ve just listed, as quickly as I’m able. Some type of site-wide, formal discussion policy to come . . .

UPDATE3: There’s some dispute in the comments as to the state of “stop and identify” laws in Virginia and Arlington County. It’s too much to cover in an update, so I’ve written more on the subject here.


Poster Comment:

Someone here coined the phrase "North American Soviet Union". I believe that is an understatement. (1 image)

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#1. To: Rotara (#0)

Didn't that used to be the Resolution Trust Corp. building or some such?

The U.S. Constitution is no impediment to our form of government.--PJ O'Rourke

DeaconBenjamin  posted on  2008-06-21   11:21:36 ET  Reply   Trace   Private Reply  


#2. To: DeaconBenjamin (#1)

Didn't that used to be the Resolution Trust Corp. building or some such?

I don't know. I did find this on a basic search:

http://www.anl.gov/ECT/Public/research/morphnt2.htm

Architecture of the Multi-Modal Organizational Research and Production Heterogeneous Network (MORPHnet)

External Distribution:

DOE OSTI for distribution per UC-103 (12 copies)
Manager, Chicago Operations Office, DOE
ANL-W Library

Dr. Howard Frank
Director, Information Technology Office
Defense Advanced Research Project Agency
3701 North Fairfax Drive
Arlington, VA 22203



Ms. Hilarie Orman
V Program Manager
Defense Advanced Research Project Agency
3701 North Fairfax Drive
Arlington, VA 22203



and this:

http://www.ncmahq.org/About/content.cfm?ItemNumber=2727

National Contract Management Association
Biographies

Mark D. Bennington, CPCM, Fellow
Director, Contracts Management Office
DARPA/CMO
3701 N Fairfax Dr.
Arlington, VA 22203

Phone: (703) 696-2411
Fax: (703) 741-3880

mailto:Mark.bennington@darpa.mil

Mr. Mark D. Bennington, a member of the Senior Executive Service, is the director of the Contracts Management Office with the Defense Advanced Research Projects Agency (DARPA). Mr. Bennington is the senior procurement executive (SPE) for DARPA; approving justifications for other than full and open competition for proposed contracts over $50 million; and certifying, assigning, and appointing members of the DOD Acquisition Corps and workforce in accordance with DOD Directive 5000.52 and DOD 5000.52-M.

Mr. Bennington exercises, by delegation, all authorities as head of the contracting activity, except those excluded by law. He prescribes and publishes agency acquisition regulations, policies, and procedures. He is responsible for the oversight of the maintenance of agency acquisition systems and modifications/revisions. He exercises the authority that is vested in the Secretary of Defense by 10 U.S.C. 2358 to perform assigned R&D projects by contract, cooperative agreement, or grant. He also exercises the authority that is vested in the Secretary of Defense by 10 U.S.C. 2371 to enter into transactions other than contracts, cooperative agreements, and grants in carrying out basic, applied, and advanced research projects. In coordination with the director of the Security and Intelligence Directorate, he ensures that appropriate language and contract clauses that comply with national security requirements are included in all contractual documents, BAAs, and other solicitations. Additionally, he ensures that appropriate security reviews of contractual documents, BAAs, and other solicitations are conducted.

Right up the block, though, I found this:

http://www.fdic.gov/regulations/laws/rules/2000-4000.html

FDIC Corporate University, 3501 North Fairfax Drive, Arlington, VA 22226, and FDIC Office of Inspector General, 3501 North Fairfax Drive, Arlington, VA 22226.

I searched with this: " 3701 N. Fairfax Dr., Arlington, VA "

"If you love wealth more than liberty, the tranquility of servitude better than the animating contest of freedom, depart from us in peace. We ask not your counsel nor your arms. Crouch down and lick the hand that feeds you. May your chains rest lightly upon you and may posterity forget that you were our countrymen.”—Samuel Adams

Rotara  posted on  2008-06-21   12:36:33 ET  Reply   Trace   Private Reply  


#3. To: Rotara (#2)

I was probably thinking of FDIC. Thanks.

The U.S. Constitution is no impediment to our form of government.--PJ O'Rourke

DeaconBenjamin  posted on  2008-06-21   12:41:21 ET  Reply   Trace   Private Reply  


#4. To: All (#0)

Raw Fisher The Cold Splash of Reality, With A Side of Sizzle

Secret Buildings You May Not Photograph, Part 643

If you happen by 3701 N. Fairfax Drive in Arlington and decide you have a sudden craving for a photograph of a generic suburban office building, and you point your camera at said structure, you will rather quickly be greeted by uniformed security folks who will demand that you delete the image and require that you give up various personal information.

When Keith McCammon unwittingly took a picture of that building, he was launched on an odyssey that has so far involved an Arlington police officer, the chief of police and the defense of the United States of America.

McCammon could not have been expected to know when he wandered by the building that it houses the Defense Advanced Research Projects Agency, a low-profile wing of the Defense Department that conducts all manner of high-tech research that evolves into weapons systems and high-order strategery.

DARPA's presence at 3701 N. Fairfax is hardly a government secret--Google finds nearly 10,000 pages listing the agency's use of the building. But there's no big fat sign on the building, so how was McCammon to know that this was a building he dared not photograph? And why would the government care if anyone took a picture of the exterior of an office building? This is as silly and hypersensitive as the now-common harassment of people who innocently take pictures of random federal buildings in the District.

McCammon decided to fight back. He demanded to know why he had been stopped, why the government needed his personal information, and why any record of the incident should be kept in government records. He got quick, polite responses from Arlington officials.

"I hope that you would agree that the security of any such building is of great importance and every law enforcement officer is duty bound to investigate all suspicious activity," wrote Arlington Acting Police Chief Daniel Murray. "I am certainly not implying that a person taking photographs is inherently 'suspicious,' but when the appearance is that the subject of a photograph is a government installation, officers have a duty to ensure the safety of the occupants of this structure."

Hmmm. Any government installation? This overly broad approach to security is why we end up with ridiculous horror stories about innocent tourists getting hassled for taking photos of the Lincoln Memorial or the Department of the Interior. The good news here is that Arlington police didn't take a report or create a file on McCammon. The bad news is that they did pass his information along to "the internal security agency for this installation." Which means that somewhere in the vast security apparatus that we have constructed since 9/11--utterly ignoring the fact that the Soviet empire collapsed under the weight of its own paranoid security apparatus--there is now a report on Keith McCammon, photographer.

The bottom line is that McCammon was caught in a classic logical trap. If he had only known the building was off-limits to photographers, he would have avoided it. But he was not allowed to know that fact. "Reasonable, law-abiding people tend to avoid these types of things when it can be helped," McCammon wrote. "Thus, my request for a list of locations within Arlington County that are unmarked, but at which photography is either prohibited or discouraged according to some (public or private) policy. Of course, such a list does not exist. Catch-22."

The only antidote to this security mania is sunshine. Only when more and more Americans do as McCammon has done and take the time and effort to chronicle these excesses and insist on answers from authorities will we stand a chance of restoring balance and sanity to the blend of liberty and security that we are madly remixing in these confused times.

"If you love wealth more than liberty, the tranquility of servitude better than the animating contest of freedom, depart from us in peace. We ask not your counsel nor your arms. Crouch down and lick the hand that feeds you. May your chains rest lightly upon you and may posterity forget that you were our countrymen.”—Samuel Adams

Rotara  posted on  2008-06-21   13:19:46 ET  (1 image) Reply   Trace   Private Reply  


#5. To: Rotara (#0)

But suffice it to say that, while I agree with the intent of this policy,

That's his first mistake

The intent, of course, is to protect . . . something.

no it's not.

And to the extent that one of these policies might one day prevent someone from doing something really bad, I’m fine with them.

This guy is way too malleable. For a guy who on the one hand supposedly has the tendency to resist, reading these comments i'm surprised he didnt thank the officer for detaining him. he has some more work to do because he doesnt seem to 'get it'. Until he realizes they arent here to help he will neve be successful.

MY REPLY TO ZEITGEIST: 1John Chapter 2: "21 I write to you not because you do not know the truth but because you do, and because every lie is alien to the truth. 22 Who is the liar? Whoever denies that Jesus is the Christ. Whoever denies the Father and the Son, this is the antichrist."
"I don't know where Bin Laden is. I truly am not that concerned about him"
George W, Bush, 3/13/02 http://www.whitehouse.gov/news/releases/2002/03/20020313-8.html

Artisan  posted on  2008-06-21   13:55:02 ET  Reply   Trace   Private Reply  


#6. To: Artisan (#5)

I agree, he's a total amateur. That being said, it's instructive because he's somewhat 'typical'. ;-)

"If you love wealth more than liberty, the tranquility of servitude better than the animating contest of freedom, depart from us in peace. We ask not your counsel nor your arms. Crouch down and lick the hand that feeds you. May your chains rest lightly upon you and may posterity forget that you were our countrymen.”—Samuel Adams

Rotara  posted on  2008-06-21   14:04:02 ET  Reply   Trace   Private Reply  


#7. To: Rotara (#6)

I agree, he's a total amateur

At the same time I have to commend him for having somewhat of an understanding of his rights and a spirit of resistance. believe me he is a rare breed. Despite the fact he repeatedly (ironically and annoyingly ) defended the govt's position and motives, in 2008 such a prson who would resist at all would be considered a revolutionary.

also, no one has tendency to go to the trouble of calling the local govt out and demanding all the docs this guy did, and then publishing it all in a nice coherent report.

I was stopped at a checkpoint illegally last week and i did call the cop station about it at the moment, talked with the watch commander and told him i thought it was unconstitutional and asked what stat. authority they have for demanding license,, (he then replied it was voluntary! opposite of what cop at checkpoint told me) but I havent followed up. I was on my way to work and did not have time to risk being detained but i should not have complied in showing them my license as they requested,. because what they did was illegal. i asked the pig 'do i have to show you my license?' and it turns out from all i have read since then, not 100% verified yet, but that in CA at a checkpoint, that is not compulsory. so what he did was a blatant violation of my rights.

as some statists would say 'aww come on, dont make a big deal of it' or some such nonsense. they are good slaves.

So my point is, i respect this guys efforts.

MY REPLY TO ZEITGEIST: 1John Chapter 2: "21 I write to you not because you do not know the truth but because you do, and because every lie is alien to the truth. 22 Who is the liar? Whoever denies that Jesus is the Christ. Whoever denies the Father and the Son, this is the antichrist."
"I don't know where Bin Laden is. I truly am not that concerned about him"
George W, Bush, 3/13/02 http://www.whitehouse.gov/news/releases/2002/03/20020313-8.html

Artisan  posted on  2008-06-21   14:36:18 ET  Reply   Trace   Private Reply  


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