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Blake Fleetwood

Blake Fleetwood

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Exclusive: TSA Seizes Computer from Travel Blogger

Posted: 12/30/09 10:34 PM ET

This morning two black sedans with TSA special agents came to the Connecticut home of blogger Steven Frischling and walked out with his laptop computer. They promised to return it, but later claimed that there were "bad sectors" on the drive.

He is not sure when he is going to get it back.

The agents were looking for the anonymous source who leaked a TSA Security Directive which advised airlines to restrict passengers from getting out of their seats, concealing their hands, or accessing carry-on luggage an hour before landing.

Frischling, home alone with three young children, was intimidated by the armed agents who had driven from Newark and Boston to central Connecticut. 2009-12-31-founder.jpg
The agents threatened to get Frischling -- a blogger for KLM airlines -- fired from his job, confiscate all his electronic devices -- phones, computers, and iPods -- and declare him a security risk -- which would get him on the No Fly list -- unless he cooperated.

Frischling -- who has worked for Life, Time, Newsweek, New York Times, and was embedded with troops in Iraq -- didn't know what to do. He couldn't reach a lawyer.

The civil subpoena threatened a fine and up to a year in jail for failure to comply.

The TSA has been under fire lately for failure to stop the Christmas Bomber from boarding the NW flight.

Frischling told me that he didn't know who sent him the memo and that it is not in any of his computers. The memo was hardly secret. It was sent to approximately 10,000 airlines, airports, and security firms around the world, including locations in Riyadh, Islamabad, and Lagos.

The agents also told him that there are no Federal Shield laws and that he was not a journalist anyway.

Frischling said that, as a photographer, his most thrilling photo assignment was his extensive long term coverage of Homeland Security that took him all over the world.

Department of Homeland Security special agent Nelson Minerly relayed a TSA statement about the agents behavior and the subpoenas, but didn't comment further:

"Security Directives are not for public disclosure. 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."

Yesterday evening Chris Elliott, another respected travel blogger -- who works for MSNBC, National Geographic, and the Washington Post -- was at home in Florida, when TSA Special Agent Robert Flaherty knocked on his door with a similar subpoena. 2009-12-31-elliottheadshot300x280.jpg The subpoena demanded that Elliott turn over all documents, emails, or faxes and his hard drive by the end of business day, Dec 31, New Year's Eve.

"Darrin," a reader of Elliott's blog said:

So instead of catching terrorists, they go after bloggers who got ahold of their stupid security procedures that make them look like idiots.

Standard big government.

How about they just act like professionals and admit their SD was crap and a knee jerk reaction. Rescind the worthless procedures and focus on keeping terrorists trying to kill us all off the plane in the first place.

Elliott told me that he had contacted an attorney and that he didn't know what he was going to do. He said that he didn't know the person who leaked the memo and that he didn't ask for it.

Tom Johansmeyer, another reader wrote:

Chris- congratulations on the subpoena; the TSA has told you you're doing a great job in the only way it knows how.

To all of you who talk about the "right" to protect a confidential source, you've chosen the wrong word: it's an obligation. Period. If you have someone who is willing to talk about something sensitive so the rest of us can benefit, you have a duty to protect that person's identity. "

You can read the full text of the directive at Elliott's blog here.
With three young kids at home, Elliott said he doesn't want to go to jail, but there are some things worth going to jail for, and this is one of them.

P.S. Talked to Steven Frischling this morning and he told me agents brought back his computer yesterday in the late afternoon. But it wasn't all OK. " The operating system was not working correctly, sectors were corrupted, and the audio wasn't working."

write: jfleetwood@aol.com.







 

Follow Blake Fleetwood on Twitter: www.twitter.com/Blakefleet

 
 
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OdinsEye
Korean-Latino cop and retired military combat vet
06:11 PM on 01/02/2010
Well, the directive does say quite clearly:

"No other dissemination may be made without prior approval of the Assistant Secretary for the Transportation Security Administration. Unauthorized dissemination of this document or information contained herein is prohibited by 49 CFR Part 1520 (see 69 Fed. Reg. 28066 (May 18, 2004)."

Therefore, he should have known it was a violation of federal law to post it.
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OdinsEye
Korean-Latino cop and retired military combat vet
06:24 PM on 01/02/2010
For those who want to read 49 CFR 1520 cut'n'paste the following into your address bar:

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=0c2051cf4abfdfe1f75f22cc069501eb&rgn=div5&view=text&node=49:9.1.3.4.8&idno=49

Took me about 30 seconds to find it.
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OdinsEye
Korean-Latino cop and retired military combat vet
06:28 PM on 01/02/2010
So, you somehow end up with a document that says "don't disseminate", is possibly marked as "SENSITIVE SECURITY INFORMATION", and contains references to federal laws regarding handling and dissemination -- a law which only takes a few seconds to find.

Do you:

1) Secure the information and contact the proper authorities regarding the info?

2) Delete it and forget about it?

3) Violate the instructions of the document and the federal law by posting it on the internet?
04:53 PM on 01/02/2010
About the bloggers, I posted a story on Tnooz based on a source who confirms that the TSA agents allegedly ghost-wrote a tweet from Steven Frischling that asked the source of the leaked document to contact him. Frischling says he was pressured to hit the send button on his Blackberry to transmit the TSA-written tweet.

Twitter coercion?

Here's the post on Tnooz: http://bit.ly/8U3CiA
04:14 PM on 01/02/2010
Pretty soon, flying will be like Con Air. It will be like a massive prisoner transport. The passengers will practically be shackled to the ground. Anyone who thinks al Qaeda isn't winning is so wrong...
This user has chosen to opt out of the Badges program
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07:31 PM on 01/01/2010
Looks like the TSA is desperately looking for cover. But bashing or harassing passengers or reporters is no substitute for catching or stopping terrorists. Especially when the pax/terrorist score for stopping or diverting is 3 zip in favor of the passengers with no assist from TSA. Maybe if the Repubs would let the President appoint a chief officer for the TSA instead of posturing they could do a better job? Maybe TSA should just bust Demint for obstruction of justice? I think there is PC here, at least.
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OdinsEye
Korean-Latino cop and retired military combat vet
07:06 PM on 01/02/2010
Let's say it is your responsibility to keep certain people from doing certain things. As such, you come up with a list of counter-measures based on the methods used in their latest attempts to do those things. But before you can even get the counter-measures implemented, someone tells your opponent what those counter-measures are, allowing them to modify their methods to circumvent your counter-measures.
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08:32 PM on 01/02/2010
Not saying giving a caution to the press was inappropriate. But it could have been handled a lot more quietly, without the subpoena, perhaps bribing with possible press access, etc. Why draw attention to there was a chance the info was probably more than rumor? It was ham-fisted and it's not what you CAN do, but what you should do. I won't back down on DeMint at all .I still think he should be busted for obstruction of justice.
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HUFFPOST SUPER USER
dfranz
With Liberty and Justice for all
10:46 AM on 01/01/2010
Who authorized this at the TSA and who is in charge there since Tom DeMint is sitting on Obama's choice of directors?

It appears that we have too many independent federal agencies with police powers. Where is the oversight?
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Tom Payned
Card carrying member of ACLU
07:03 PM on 01/01/2010
FYI it's Jim not Tom.

As for oversight, the buck should stop with O. He ran as the anti Bush, who was never responsible for anything wrong. The willingness to accept responsibility for what happens on his watch was one of my reasons for supporting him.

But at this level it has to Janet, she is the head of Homeland Security which oversees TSA.
ThinkCreeps
Seriously, it's time.
09:04 AM on 01/01/2010
While Thousands might be Standing Around at airports, some of the tentacles of the burger-flipping army are employed subverting the rule of law.
01:25 AM on 01/01/2010
1984. Coming to a home near you.
10:32 AM on 01/01/2010
"1984" arrived BEFORE 1984, WE are just realizing it!
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Tom Payned
Card carrying member of ACLU
07:05 PM on 01/01/2010
1984 was turned into a How To manual by Bushco via Cheney, Rove (they probably read it at least) and Bush who was told the ideas were his.
12:48 AM on 01/01/2010
Sometime I wonder whether unreasonable search and seizure isn't terrorism when coupled with threats. They targeted this guy who works as a journalist. The spiral is speeding up.
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AngelaQuattrano
I just like to write comments
10:43 PM on 12/31/2009
Nice. They wrecked his computer.
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KayJay90
What in the world...?
05:14 PM on 12/31/2009
Surely Steven Frischling had everything backed up on an external hard drive....?

If he didn't, I'd suggest he get one.
03:50 PM on 12/31/2009
More on Umar and the Detroit flight from Mr. Haskell:

http://www.mlive.com/news/detroit/index.ssf/2009/12/flight_253_passenger_kurt_hask.html

Following up on a visit from FBI officials about an eyewitness account first described to MLive.com, Michigan attorney Kurt Haskell described the visit in comment sections across MLive on Wednesday.

Something more than meets the eye going on here.
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porsche996
an inelastic scattering of photons
02:58 PM on 12/31/2009
Which terrifying organization is an American citizen more likely to have injurious and unpleasant contact with?

AQ or the TSA?
ThinkCreeps
Seriously, it's time.
09:34 AM on 01/01/2010
We're all fortunate that both seem to be so incompetent.
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amdezurik
01:45 PM on 12/31/2009
well the "system" did work as booshie designed it...badly
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andyboy
Little bit Country, little Chicago Blues
01:24 PM on 12/31/2009
Great job TSAie !!!

Imagine the tax dollars flushed on this ridiculous keystone cop romp.
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ginny1920
01:12 PM on 12/31/2009
Fabulous. Why isn't this getting more coverage? The few in the media that are trying to inform the public are now being intimidated by government agencies. Spread this story around, to FB, twitter, your blogs whatever.
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devildog21
"War is a Racket" -Smedley D. Butler MajGen USMC
01:19 PM on 12/31/2009
Only place you're likely to see it would be on Rachel's show, which is to say, unfortunately, that it won't be covered very widely at all.

You would be more likely to see it on the BBC or CBC than in any U.S. news media.
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YankeeCanuck
dog
03:05 PM on 01/01/2010
Oh, I don;t think we will have to wait long.