Subject: DoJ Query: Airport detention & confiscation Date: Sat, 29 Sep 2001 05:29:36 -1000 From: "Joel Aycock (www.nitwit.com)" Organization: Keck Observatory, Mauna Kea, Hawaii To: AskDOJ@usdoj.gov On Sept 16, while flying from Seattle to Hilo, Hawaii, my Nikon digital camera was confiscated at the Honolulu Airport (Inter Island terminal), after I had taken a photo of a National Guard soldier taking a cigarette break. I was detained for almost three hours, under armed guard, while security personnel waited for word from the FAA about what to do with me and my camera. Eventually I was released (after almost missing the last daily flight to my final destination, Hilo), but the FAA kept my camera. The confiscation report was filed by Carlos Carrera, of AKAL Security (Honolulu Airport), report #01-09-290. On Sept 26, I was informed by the Honolulu Airport Duty Manager, that I could pick up my camera in Honolulu, but that the FAA was "keeping my film" (a 32mb CF Compact Flash memory card, value about $75), and that I would not be re-imbursed for the seizure of this property. The FAA has the "film", and can view the images, and I believe it should be obvious that I was not "documenting airport security", as was apparently assumed (I had one picture of the National Guardsman, all other images on the CF card were "pretty cloud pictures" out the airplane window, over open ocean). Note that I was never arrested, mirandized, searched, or deliberately intimidated- I have no argument about my treatment by airport security. However there were no warnings of any kind at the Honolulu Inter Island Air Terminal, advising that photography was not permitted. I was never given any official verbal or written notice of what rules or laws that I had broken, or why my "film" should be permanently confiscated. I was given no receipt for my confiscated property. I can find no authorization for such seizure, within Title 14, Code of Federal Regulations (14 CFR, FAA regulations in effect today, 9/29/01). Is the FAA intent on keeping my CF memory card, even though the images contained on the card are clearly no threat to airport security? Is there any means, recourse, or avenue that I might explore, to obtain the return of this property? I have so far been unable to obtain any help on this matter. Thankyou- Joel Aycock