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Is photography a crime?

Carlos Miller tirelessly advocates for photographer rights on his blog; Photography is Not a Crime. He is particularly interested in the times when photographers intersect with what he claims are heavy-handed police tactics. I'm a reader of his blog because the topic comes up often in the photojournalism industry.

A couple days ago Carlos posted a picture of a recent Transportation Security Administration poster that he says, "…explicitly insinuate that if you are taking a picture of an airplane, you must be a terrorist and be reported to the authorities." The TSA responded on its blog yesterday by saying, "Some felt this poster didn't go far enough in distinguishing between general photography and suspicious surveillance activity. These images are simply meant to represent a number of different scenarios that are common in and around GA airfields. In fact, many photographers would be prime candidates to use such vigilance programs to report suspicious activity since they're extremely observant of their surroundings."

How do you feel? Is there something about the act of making a photograph that calls for special scrutiny? What and where is the line between personal freedoms and civic responsibility? Does security trump everything in a post-9/11 world?