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I think that as trainspotting and -fanning grow in popularity, there will be more and more situations where the fans' needs are overruled by overconscientious security cops. Eventually I think there will be a better common-law understanding that most of the time, photographing trains is not illegal (it practically never is from public property). At the same time, the RR's will be putting more energy into keeping their tracksides and other legal ROW free from observers. I think this will eventually happen no matter how strictly the Patriot Act is interpreted, because it doesn't ban taking photos. But if the Patriot Act were repealed tomorrow, the RR's will still want to beef up security on their own turf--but, being RR's they're too cheap to do a thorough job of it.
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