The Transportation Security Administration is sending agents to the homes of bloggers, intimidating them into revealing their sources for a leak of the TSA’s enhanced security procedures following the failed Christmas Day terror attack.
Two days later, agents for the TSA, a division of the Department of Homeland Security, visited both men at home, and issued them subpoenas.
“Security Directives are not for public disclosure,” a TSA spokesman said in a statement to TPMmuckraker. “TSA’s Office of Inspections is currently investigating how the recent Security Directives were acquired and published by parties who should not have been privy to this information.”
(Travel journalist and blogger Chris) Elliott posted the subpoena he received on his blog. It demands, under penalty of imprisonment, “[a]ll documents, emails, and/or faxsimile transmissions (sic) in your control possession or control concerning your receipt of TSA Security Directive 1544-09-06 dated December 25, 2009.”
Elliott, according to the subpoena, could face up to a year in jail if he does not comply.
The other blogger, Steven Frischling, who writes for KLM Royal Dutch Airlines, told Wired Magazine about the incident.
Frischling, a freelance travel writer and photographer in Connecticut who writes a blog for the KLM Royal Dutch Airlines, said the two agents who visited him arrived around 7 p.m. Tuesday, were armed and threatened him with a criminal search warrant if he didn’t provide the name of his source. They also threatened to get him fired from his KLM job and indicated they could get him designated a security risk, which would make it difficult for him to travel and do his job.
“They were indicating there would be significant ramifications if I didn’t cooperate,” said Frischling, who was home alone with his three children when the agents arrived. “It’s not hard to intimidate someone when they’re holding a 3-year-old [child] in their hands. My wife works at night. I go to jail, and my kids are here with nobody.”
“They came to the door and immediately were asking, ‘Who gave you this document?, Why did you publish the document?’ and ‘I don’t think you know how much trouble you’re in.’ It was very much a hardball tactic,” he says.
When they pulled a subpoena from their briefcase and told him he was legally required to provide the information they requested, he said he needed to contact a lawyer. The agents said they’d sit outside his house until he gave them the information they wanted.
The case really shows how bloggers are at risk because of the lack of a journalist shield law extending to them. Frischling got the document through an anonymous tip from a Gmail account, and his lawyer told him that he might as well give up the source, not only because of his lack of detailed information about it but because “there was no federal shield law to protect him.”
Take a look at this brazen invasion of privacy:
The agents searched through Frischling’s BlackBerry and iPhone and questioned him about a number of phone numbers and messages in the devices. One number listed in his phone under “ICEMOM” was a quick dial to his mother, in case of emergency. The agents misunderstood the acronym and became suspicious that it was code for his anonymous source and asked if his source worked for ICE — the U.S. Immigration and Customs Enforcement.
The agents then said they wanted to take an image of his hard drive. Frischling said they had to go to WalMart to buy a hard drive, but when they returned were unable to get it to work. Frischling said the keyboard on his laptop was no longer working after they tried to copy his files. The agents left around 11 p.m. but came back Wednesday morning and, with Frischling’s consent, seized his laptop, which they promised to return after copying the hard drive.
As one federal prosecutor told Wired, “it strikes me that they’re more aggressive with this reporter than with the guy who got on this flight.”
It could be that TSA is simply frazzled in the wake of the failed attack, the vulnerabilities detailed in a September security review, and a recent leak of a screening manual to a public government website. But this conduct seems completely out of bounds. Maybe TSA needs a level-headed Administrator.
The federal shield law may be on the way, but whether it will extend to bloggers remains an open question.




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BS.
IANAL, obviously, but the bloggers should not give up anything.
TSA agents? Aren’t they a little outside their jurisdiction? Talk about getting pulled over by a pair of thugs dressed as cops. A criminal search warrant? Signed by whom? Tell them to go through proper channels. and tell Frischling to get a competent lawyer. Make it a federal case. I bet the tea baggers would (should) help defray costs, at least those not outright cowards.
Isn’t this why we have a Constitution? To protect us from unreasonable (i.e. assuaging some incompetent bureaucrat’s ego?) searches? I thought only “commies” did this sort of thing. These guys aren’t doing it to provide “security for the people”, they are doing it to provide “security” for their management.
Bastards!
So soon there will be some people who are allowed to publish anonymous “insider” information and some who are not? And the distinction between these two classes of citizens will be decided by *this* Federal judiciary, and *this* Congress?
Take a wild guess how that will work out. “Everything is great!” said a TSA official, speaking anonymously because he told me to do it that way.
Homeland Security has a very “1984″ ring to its name…like the “Ministry for Truth”. Have they made us any safer? I am extremely suspicious of any organization forged in a climate of fear and panic.
So Naomi Wolf makes the No fly list and now that the failed enhanced security procedures TSA were leaked the TSA goes after Lefty Bloggers rather than go after their own mistakes.
“I’m on the Transportation Security Administration’s watch list. The watch list is being used for political purposes … It is very intimidating to be taken aside and be given a special screening by the state when I travel. When I went up to Vermont to copy-edit this book … I opened my case, and there was a letter from the Transport Security Administration in my suitcase. We are living in a surveillance society now. It’s time to sound the alarm.”
http://www.theage.com.au/news/in-depth/bpoliticsb-whos-afraid-of-naomi-wolf-george-bush-should-be/2007/10/05/1191091363953.html?page=4
The purpose of the press is to inform people. TSA fucked up big their secret procedures are going to have to change after this incident so what is the harm in revealing already failed procedures that are hopefully being changed as we speak.
Forget just Bloggers Federal Shield law for everyone!
Here is a fun fact. I tried to get info about how much the tea parry express II people paid for the police/security at their event in LA. I was told I needed to go “Commission Office under the Request for Public Information Act.” why am I even doing this?
Keeping info secret helps major corps push their agenda in the world of”free advertising”
Simply frazzled? What’s the next excuse for lawlessness by cops & other govt armed thugs? Constipation? Viagara prescription wasn’t renewed? Got up on the wrong side of his gay lover’s bed?
Anyhoooo, it doesn’t matter. NSA is caching every phone call and internet keystroke you’ve ever made, so privacy is, of course, a joke.
Privacy IS a joke really. You have it, until you need it.
That’s one of the many factors that I decided to use my real name blogging and commenting anymore.
I might as well leave a REAL trail that I myself could point to, and claim it as being my own words.
True they have his phone calls so they probably know who the leak is, however they wanted to go to his house to send a message of fear.
Rahm wants his own secret police. Funny how many Men of * falls down on floor laughing* Will are really insecure and only feel safe if everyone else is scared.
I wonder if Rahm, Bush and Darth beat their wives the need to have people fear you in public probably originated in private before they could inflict fear on the public.
Heh. But by using your real name, you miss the fun of Rick Perlstein’s turning me up as a right-wing troll. If I’d been googleable under my real name, I believe (last I tried a decade ago), my membership in Wellesley College Business Leadership Council (a sad joke in reality) would have been the first thing to come up, cementing my right-wing creds. And if I could fool Perlstein, you betcha I can fool any branch of the govt.
Machiavelli lead a hard life was exiled so for him to feel insecure and think its better to be feared than loved is understandable and while authority must be maintained no truly great leader is not beloved by his people.
However many strong leaders feared by the majority of the people are hated by them. Weak Stupid leaders Bush, Darth, Rahm who are or want to be feared however are forgotten.
One of the articles mentions that the TSA emailed that document to over 10,000 recipients.
Steven Frischling, one of the bloggers said, “It was sent to Islamabad, to Riyadh and to Nigeria. So they’re looking for information about a security document sent to 10,000-plus people internationally. You can’t have a right to expect privacy after that.”
The TSA is harassing bloggers simply because they want to take out their failures on someone that can’t defend themselves.
I read that thread later just how did he mess up a google? search and think you were a famous right wing troll?
Cause if your a famous Right Wing Troll then I’m a Rahm can do no wrong Main Stream Media journalist.
I’m personally familiar with that tactic. I make a minor game out of the following: My NYC apt looks out on the 53d St exit, south, from the FDR Drive. From time to time, the NYC cops set up a sting op at that exit. 3-4 cops cars, stopping every car that exits. On the 3 occassions I’ve witnessed this, I’ve called 911 to report an illegal cop operation. The first times, the sting disappeared. The last time, they also folded their hand, but a big beefy cop showed up at my door without having the doorman call up. Minor, but quite effectively intimidating.
Poor Machiavelli. Didn’t know he led a hard life. /s
Beats the shit out of me. Think Perlstein probably made it up, simply to discredit my awkward Q of John Dean. People like Perlstein can make stuff up with gay abandon, because they are rarely challenged. What made that episode funny is that he did it in a context where everyone could see he was going naked.
You said “gay abandon” and “naked” in the same comment.
Do you know how much I love you? :)
Yes, but were they only the right 10,000 recipients and did those folks leak it to others who weren’t supposed to see it?
BTW, why do you assume the bloggers questioned were Lefties and not just ordinary corporate employees with no particular political agenda?
Why do the ‘authorities’ have to be so heavy-handed? Couldn’t they just ask for help on this matter of travel security?
Do they issue jack-boots to all gov’t ‘authorities’?
Question for the lawyers amid the firepups: Was it a crime to publish this? Specifically, what law(s)?
Isn’t she a peach?
Again, Handsome, intelligent and creative.
eCAHN….and Kelly, both and each, Happy Let’s Keep Movingon Day.
All Best.
Glad we got over our initial contretemps. I’m really a loveable bully. And to buttress my creds, my wingnut son recently said that I am the only person he knows who is completely unprejudiced. It’s one of the highest complements I could imagine.
Love you too. ((((Kelly Canfield)))
Assuming your Qs are rhetorical.
Oh let’s not leave (((demi))) out of the mutual admiration society. Ain’t we great!
Diary call again but have a camera ready but hidden and a recording device? Plus a dog a big one. But only if you think you’ll be safe.
Emptywheel is upstairs…
All Charges Against Blackwater Guards in Nisour Killings Dismissed
Agreed it sounds made up maybe send Jane an email a front pager should not be able to lie about commenters Jane should make him show exactly how he conducted a search that said you were a famous right wing troll.
What punishment fits if he is guilty I have no idea.
Me too.
It was actually quite useful for me tho. Tested my premise, became outraged, recovered, without demanding an apology.
Because for one, you wouldn’t have, and two, you shouldn’t have, as you were only expressing an opinion. It worked to reset my expectation about not only what I write, but what I read.
And the last thing that amuses me most, is you get up Raven’s craw a bunch. Heh.
(((Smoochback! eCAHN!)))
Good Lord, if just the rest of the world, like, I mean everyone, could just hang out and share champagne and share fondness and insights and oh, god stop before I get maudlin. If everyone could, it would be a very good thing. See. Done. All fixed. Everyone happy. Working together.
I just fell out of my chair.
An honest human being? Get the fuck out!
Shut up and drink that damn champagne!
They had subpoenas. If it wasn’t in their jurisdiction, they could have brought someone along whose jurisdiction it was. I’ve never heard of this particular part of TSA before, but under the circumstances talk of jurisdiction seems irrelevant. They could, and did, get a court order.
The potatoes are in the oven. The rib eyes are soaking. I’m sipping my champagne. Thank you, hick.
The Raven comment made me LOL a lot.
In my defense, I try to respond to criticisms like yours in polite words of one syllable in simple declarative sentences. If the introlocutor is like you, i.e. reasonable, it seems to work pretty well.
Just broke out the champagne myself. Had white wine with my turkey curry. Way too delicious for words, but would double the spices.
A toast! To much more comment sharing in the new year!
Comment sharing for all! Click!
You’ll like the rijstaffel then.
There’s this crazy pepper hash condiment called “Sambal Oelek”
If you’re a fan of peppers/piquant, you’ll love it.
Click!
I just started cooking for real about a year and a half ago. The turkey curry is the second dish I’ve made using spices. (Venison & moose chili being the first.) With such successes, I’ll definitely pursue dishes of the same ilk. Thanks for the links.
Didn’t know that about Naomi. Wish she would make some noise about Gitmo today, though she’s probably not on that list anymore. I’m gonna try and make a hybrid word out of twitter and subpoena.
Salad’s ready. And. Yes. Homegrown lettuce and tomatoes.
Walnuts. Raisens. Carrots.
Can you tell I’m hungry?
Enjoy mightily. Sounds delicious. I have fresh lemon shortbread waiting for when I’m ready for dessert.
David Dayen has the final 2009 roundup, upstairs!
The Roundup
Update via AP:
TSA ends journalist subpoenas over leaked memo
By LARRY MARGASAK, Associated Press Writer Larry Margasak, Associated Press Writer 14 mins ago
WASHINGTON – The Transportation Security Administration on Thursday dropped its subpoenas it had issued to two Internet writers in its effort to find the leaker of an airline security directive.
The subpoenas were criticized by a leading journalism organization.
The TSA said the investigation is “nearing a successful conclusion and the subpoenas are no longer in effect.”
The security directive, which ordered extra measures after a Christmas Day attack on a Detroit-bound airliner, quickly became known to passengers at screening lines and aboard their flights. Nonetheless, the passenger screening agency said it “takes any breach in security very seriously.”
I don’t suppose anyone’s explained how they expected to implement things like:
- patting down 100% of passengers at the gate
- limiting access to carryons and toilets
- requiring all comms gear to be disabled
without disclosing those policies publicly?
Another panic attack among our security gatekeepers. The militarization of law enforcement continues. I suspect they want to intimidate reporters as much as find out why the TSA and other federal computer systems continue to have more holes in them than a president has unmet campaign promises.
If it weren’t so much less threatening an analogy, this would be like a bank blaming you for their privacy violations.
The TSA? Why, it’s one of those alphabet soup agencies that fall within Joe Lieberputz’s Senate committee’s bailiwick. Another reason a real Democratic Party would toss him on his ear and put in a chair who actually believed in Congressional oversight of one of our most expensive and vital public agencies. Joe has held as many committee investigations as he has fundraisers for FDL.
Publishing: 1st Amendment right. Google “pentagon papers”
The *potential* crime was the leaking of the documents.
I think I would insist that a lawyer or a local cop, that I knew, over-see/witness, the entire “operation”.
and, yes, jurisdiction seems irrelevant when you have a baby in your arms. Without the “tax exemptions” I certainly would have forced the perps to jump through some hoops first, giving me time to swap-out the hard drive(s) and clean up a bit, even if there were nothing to hide.
If possible, I would attempt a credential check of some kind. After all, it doesn’t take much to dress up like a “TSA agent”, show up at someone’s door with official looking paperwork/badges and, from an unwitting resident, steal most anything, now, does it?
I am not going to help any wounded bureaucrat try to salve his/her ego by trampling on whatever “rights” we have left.
Is it a crime to publish (known or unknown) leaked documents? How would one know their “status”? What if the “leaks” were about a larger crime?
IMO, over the last ten years, we have seen way too much in the way of back room deals made under cover of “security”. I want more process to be open, timely and subject to public scrutiny, no exceptions.
Generally speaking, there can’t be a prohibition against publishing leaked documents – that’s a “prior restraint.” The history of the 1st Amendment seems to almost always favor publication; mere embarrassment to the government is not a compelling reason to censor; the public’s right to know; etc. However – not saying you’d never find yourself arrested and asserting all this as a defense.
If you ever find yourself in the position of holding leaked documents that you want published, I’d recommend seeking the advice of a 1st Amendment lawyer, ACLU, etc. And sometimes it’s worth going to prison to get the info out – ask Daniel Ellsberg if it was worth it (although he was an actual leaker).