Personally, I do NOT think that any major lawmaking group in the US is trying (at this time) to criminalize photography. Instead what I think I'm seeing is that there are some ill-trained police officers and security guards that THINK photography of certain events, people, places, etc. is illegal. While getting each and every law enforcement officer up to speed on the legality of photography is a big deal to photographers, in the grand scheme of law enforcement, it is very small potatoes. They have bigger fish to fry and most agencies would rather spend their money on busting real bad guys than properly training their officers about photographers' rights.
Security guards are different. They are generally poorly trained and perhaps even poorly qualified. Their hiring companies should not only be responsible, but held responsible for their actions. The hiring company should bring them up to speed.
So if it is not law enforcement agencies, but rather what I would call a rogue officer, that is in error, what should we do?
First, know your rights. Search the I'net for "photographers' rights." A couple of items will pop up quickly:
http://store.petapixel.com/products/Photographers-Rights-Gray-Card-Set.htmlhttps://docs.google.com/viewer?url="">There are many more, of course, but both of these are items that can be carried with you at all times.
Next, share those rights with the officer/guard who seems to be less aware of the laws than you are. Keep cards listing your rights on your person at all times. Offer to share them with anyone who confronts you.
Finally, exercise those rights. In my opinion, if you feel your rights are violated, don't just complain but if at all possible, seek legal remedy, either in the criminal or civil courts, even if things seem turn out okay for you at the end. An apology teaches very little beyond the immediate experience. Spending time in court as a defendant is a much more powerful motivator to do the right thing the next time; not only for the officers or guards who have to endure the experience, but for their fellow officers/guards as well. Once an individual officer/guard is held responsible for his/her lack of knowledge of the law he/she is sworn to uphold, the knowledge of photographers' rights will spread much faster among offending groups than simple training courses.
Emily is correct that the NPPA (National Press Photographers Association) is a MAJOR positive force for protecting photographers' rights. They should be applauded by all photographers, regardless of the individual photographer's genre. They are helping to protect us all. If you are involved with press photography, please join their wonderful organization if you are not already a member. They deserve our support.
If anyone has any concrete ideas on what we can do as individual photographers to continue to protect our rights, please post them. But unless I am personally confronted, I don't know what I can do as an individual photographer to ensure our collective rights are not abrogated. I look forward eagerly for further suggestions.
peace,
rand
