Intimidation And Subpoenas Used To Demand Sources

ANN RealTime Update/Analysis, 01.01.10, 0015 EDT: ANN has confirmed reports that the TSA is withdrawing subpoenas issued to tatl least two onlibne air travel writers in the last few days. After one writer was forced to surrender his computer (and reportedly trashed it in the process) to TSA Agents, TSA is now telling media sources that they are "nearing a successful conclusion, and the subpoenas are no longer in effect.”

The subpoenas have had a chilling effect on online journalists and bloggers while a number of legal associations, including the Reporters Committee For Freedom Of The Press are said to be looking at TSA's newest actions and their ultimate legality. The general feeling among a number of the air travel writers we've spoken to indicates that there is a genuine fear of future reprisals from the TSA... especially in light of the bullying and aggressive tactics used in this latest assult on Press liberties.  -- Jim Campbell, ANN E-I-C.

Original Report: Chris Elliott and Steven Frischling were visited by TSA Special Agents armed with DHS subpoenas after separately posting the TSA Security Directive 1544-09-06 sent out on December 25 after the Christmas Day bombing attempt.  The agents demanded the identity of the person who sent the directive to the bloggers. 

Both bloggers published the full text of the security directive on December 27.  The document outlined the additional rules for screening, inspections, and in-flight procedures being mandated by the TSA from December 25-30.  Both men were then visited at their homes by TSA agents on December 28.  Frischling eventually agreed to cooperate with agents while Elliot is preparing to go to court to fight Homeland Security.

Chris Elliott is an established travel expert who reports for National Geographic, The Washington Post, MSNBC and, others.  He posted the security document on his personal blog at almost the exact same time as Frischling, prompting speculation that they have the same source. 

Elliott declined to cooperate until talking with his lawyer and posted the text of his subpoena online for public inspection.  The document delivered to Elliott is a "administrative subpoena" that was issued without a judge's approval.  According to the subpoena, refusing to cooperate with the DHS investigation could mean up to one year in prison along with fines.

Steven Frischling is a freelance travel writer, photographer, and blogger/Twitterer for KLM living in CT.  The TSA agents that visited his home made it clear he could be fired from KLM if he didn't reveal his source.  Frischling claims it was from a randomized email address that has sent him credible information a few times in the past.

"I received it, I read it, I posted it. Why did I post it? Because following the failed terrorist attack on the 25th of December there was a lot of confusion and speculation surrounding changes in airline & airport security procedures," explained Frischling on his blog Flying With Fish.

Eventually he handed over his laptop and cell phone for inspection.  "I did not have the email address and knew it was not on my hard-drive, however the computer was removed to be searched by a Secret Service computer forensics expert," Frischling wrote. "The search yielded nothing."  Frischling says they did ruin his computer in the process of analyzing and copying his hard drive. 

"I really don't think they thought this one through," Elliott told WIRED about the TSA tactics.  His lawyer requested additional time from DHS to respond to the request.  Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press, told the AP that Elliott's subpoena will be challenged next week in federal court in Orlando.

"It was sent to Islamabad, to Riyadh and to Nigeria," Frischling told WIRED. "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."

FMI: www.elliott.org, boardingarea.com/blogs/flyingwithfish