TSA v Chris Elliott and Steve Frischling [1]

On December 29, 2009, agents of the Transportation Security Administration (TSA) interrogated and served subpoenas on two travel bloggers who had posted a TSA security directive put in place after the failed Christmas day "underwear bomber" attempt. The two bloggers, Steven Frischling and Chris Elliott, posted [2] the text of the directive [3] on December 27 after confusion arose over air travel procedures and restrictions in the wake of the failed terrorist attack.

Frischling, a freelance travel writer and photographer who publishes a blog for KLM Airlines [4] and Flying With Fish [5], complied [6] with the subpoena, in part because he did not know the identity of the source, there is no federal shield law to protect him, and he felt that he could lessen the ordeal by cooperating. According to Wired [6], agents went through his phone contacts and determined it was necessary to take an image of his hard drive. In the process of trying to copy files, agents damaged Frischling’s laptop. With Frischling’s permission, they seized the computer, departed, and later returned it.

Elliott, who publishes the blog Elliott [7] and writes a column for the Washington Post and MSNBC, refused to divulge his source and retained counsel [8]. The TSA then backed off and ultimately withdrew the subpoena on December 31.

That same day, the TSA notified Frischling that it was withdrawing the subpoena.  It is not clear whether the agency will compensate Frischling for damaging his laptop.