If, like me, you’ve been attending protests to support the Black Lives Matter movement, you’ve been exercising an important constitutional right. The right to protest is a fundamental one that deserves protection, and it’s one that is essential to the preservation of our democracy. The fight isn’t over and there’s more work to be done, so here’s are some resources to help you protest safely and securely.
Surveillance
First, let’s talk about surveillance. During the protests you’ve no doubt been aware of the surveillance tactics being used by law enforcement. There are the visible surveillance tools, such as drones and standalone surveillance cameras, along with law enforcement officers on rooftops. But there are also many different tactics being used by law enforcement to track protestors that aren’t readily visible.
The Electronic Frontier Foundation (EFF) has provided a wealth of information on protecting the rights of protestors, including surveillance-related tips. As they explain, law enforcement uses a number of different surveillance tactics, some of which are visible, including body cameras, drones, automated license plate readers, mobile surveillance trailers and towers, and forward-looking infrared cameras. Invisible surveillance includes facial recognition tools, social media monitoring, cell-site simulators, and real-time crime centers. You can learn more about each type of surveillance tactic in this post.
Protect yourself from police surveillance by reviewing the EFF’s Surveillance Self-Defense Guide. Notably, the Guide includes advice specific to protesting in the time of COVID-19. You can read more about the Guide, including some of the pandemic-related tips, in this post.
Here are some tips from the Guide that should be implemented prior to any protest:
(E)nable full disk encryption for your device, install an encrypted messenger app such as Signal (for iOS or Android) to communicate with friends, and remove biometric identifiers like fingerprint or FaceID.
Secure Your Data
Speaking of securing your device and data, you may be wondering how to go about doing that. A recent Fast Company blog post elaborates on that concept. As explained in the post, you should take the following steps to secure your data prior to protesting:
- Subdue your signals (and download Signal), since “law enforcement … can intercept cellphone signals … (and) collect the identifying details of phones in the area by ‘impersonating’ cell towers”
- Lockdown location tracking since “(l)aw enforcement can also request ‘cell tower dumps’ from telecom providers”
- Harden your hardware by “back(ing) up your device before heading out (so you can) wipe it if you find yourself in a tight situation … (and) encrypt … your phone”
- Use a passcode not a fingerprint or facial recognition since you’re not obligated to tell someone your passcode due to Fifth Amendment protections, but the law is less clear regarding biometric locks
- Neutralize notifications since “if your phone is lost or seized, it may reveal information that you’re not comfortable sharing with others”
- Physicalize your phonebook by “writing down the phone number of a lawyer or emergency contact on your arm with a Sharpie” since phones can run out of batteries or get lost
Obtain and share information wisely
Next, make sure to share information wisely, since, as mentioned above, law enforcement use social media posts and photos as part of their surveillance and investigation efforts. Use a photo app that blurs faces, such as the new tool now available in the Signal messaging app.
Additionally, follow the advice in this post on protest photography safety, which includes these tips:
- Avoid using the viewfinder since it can limit your peripheral vision, and instead take photos using the rear display
- Don’t stop in front of people to take a photo since it could cause a pile up
- Avoid photographing faces and tattoos
- Don’t post on social media unless the images have been reviewed and edited
Finally, part of safely protesting is staying informed. That’s why you need to take steps to ensure that you’re up-to-date and have the information you need while protesting. In addition to following social media for the latest information, consider using Broadcastify to listen to the scanners of emergency responders.
Resources for protestors
For even more information on protesting safely and preserving your rights while doing so, check out this video. In it, criminal defense attorney Donald Thompson tells you all you need to know about your legal rights while protesting. Note that his advice is intended to provide information about protesting legally and avoiding arrest.
That being said, if you happen to get arrested, there are resources available to you. For example, the EFF is offering assistance with attorney referrals for protestors.
Donate
And last but not least, please considering donating to my Facebook fundraiser. My birthday was last week, and I established a fundraiser for The Bail Project. As a former Assistant Public Defender, the goal of this nonprofit is near and dear to my heart. As I explained in my Facebook post:
The Bail Project is a nonprofit organization designed to combat mass incarceration by disrupting the money bail system — one person at a time. I’ve chosen this nonprofit because their mission means a lot to me — and its mission is incredibly important right now. I stand with BlackLivesMatter and the protesters and those arrested while protesting. So I hope you’ll consider contributing as a way to celebrate with me.
I initially set my fundraiser goal at $1,000 but surpassed that within 4 hours, so I raised it to $3,000. I’m only $210 away from that goal, so if you would consider donating to support this cause, I’d greatly appreciate it.
And in the meantime, keep on fighting the good fight!
Nicole Black is a Rochester, New York attorney and Director of Business and Community Relations at MyCase, web-based law practice management software. She’s been blogging since 2005, has written a weekly column for the Daily Record since 2007, is the author of Cloud Computing for Lawyers, co-authors Social Media for Lawyers: the Next Frontier, and co-authors Criminal Law in New York. She’s easily distracted by the potential of bright and shiny tech gadgets, along with good food and wine. You can follow her on Twitter at @nikiblack and she can be reached at niki.black@mycase.com.