Overheard in NY: photography in the subway

"What's it called when the Government Does it?"
Cop: You can't take pictures in the subway.
Cameraman's friend: Why not?
Cop: It's against the law.
Cameraman's friend: Why is that?
Cop: Ever heard of a little thing called terrorism?

--High Street Brooklyn Bridge A/C Station
http://www.overheardinnewyork.com/archives/014302.html

This Overheard in NYC from today made me stop and wonder. Wait. -Is- it illegal to take photos on the subway? As far as I can tell, no!

There WAS a proposed regulation back in 2005,
See USA Today, Transit Agency Wants to ban subway photos, June 6, 2004
And apparently, the police did some preemptive enforcement:
NYTimes: Police Waste No Time in Disallowing Subway Photos, May 22, 2004

BUT, the proposed regulation got shot down!
NPPA: Proposed NYC Subway Photo Ban is Dead, May 23, 2005
“In the wake of the public comments period, after consulting with the New York Police Department, which had originally requested the rule change, MTA NYC Transit will not go forward with the institution of a photo ban,” Transit Authority spokesperson Charles Seaton told The New York Daily News on May 22. In the same story The News also quotes NYPD deputy commissioner Paul Browne who says, “We are not pressing for a ban. Our officers will continue to investigate, and intercede if necessary, if the activity – photo-related or not – is suspicious.”

But forget media, let's go straight to the source: The MTA Rules of Conduct

Section 1050.9, Restricted Areas or Activities
Photography, filming or video recording in any facility or conveyance is permitted except that ancillary equipment such as lights, reflectors or tripods may not be used. Members of the press holding valid identification issued by the New York City Police Department are hereby authorized to use necessary ancillary equipment. All photographic activity must be conducted in accordance with the provisions of this Part.

So, either someone is getting creative with their Overheards (not the first time, of course), or a police officer is getting creative with their law (also not the first time.)