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Here’s How To Protect Your Rights (And Data) During #BlackLivesMatter Protests

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.

Morning Docket: 06.11.20

* An attorney who spent more than ten years on the run has been sentenced to three years in prison for developing and selling illegal tax shelters. Sounds like a good plot for a John Grisham book. [Accounting Today]

* A lawyer for former National Security Adviser John Bolton alleges that the White House is claiming Bolton’s new book contains classified information that cannot be revealed. [CBS News]

* The Florida Supreme Court has suspended an attorney who has filed thousands of questionable lawsuits against property insurers. [Insurance Journal]

* The Attorneys General of most U.S. states and territories have filed litigation against 26 drugmakers for allegedly fixing the price for generic drugs. [Reuters]

* NASA’s Jet Propulsion Laboratory has paid $10 million to settle an age discrimination lawsuit alleging that it systematically fired employees over 40 and replaced them with younger workers. Sounds like a twisted kind of Midsommar… [CBS News]


Jordan Rothman is a partner of The Rothman Law Firm, a full-service New York and New Jersey law firm. He is also the founder of Student Debt Diaries, a website discussing how he paid off his student loans. You can reach Jordan through email at jordan@rothmanlawyer.com.

Fresh produce markets need clear COVID exit strategy

11.6.2020 11:02

The forced closure of fresh produce markets throughout Zimbabwe has left thousands of smallholder farmers in huge financial trouble, adding to existing problems caused by climate change, which has cut farm output due to a shortage or rain or too much of it.

Now, agriculture experts want government authorities to step up and ensure the full re-opening of these key markets to save livelihoods, both that of the farmers who sell their products there and of the people that depend on the market places to buy food.

This is not an act of rebellion against Corona-virus containment measures, experts stressed, rather a call to cross-sectoral dialogue based on the importance of fresh produce markets in socio-economic development.

The call follows the partial re-opening of the Mbare, Hatcliffe and Lusaka farmers’ markets by the Harare City Council two weeks ago, as lockdown restrictions started to ease. The market places open for just 7 hours a day, from 4am to 11.30am, “after which period the market area will be cleaned,”  said the municipality, in a statement.

“While we applaud efforts being made to re-open markets in a manner that protects citizens from contracting coronavirus, farmers and citizens still remain concerned about the trading time and the closure of other major markets throughout the country,” said Getrude Pswarayi-Jabson, a Harare-based agriculture conservation expert.

Pswarayi-Jabson said the issue of granting farmers access to fresh produce markets was “overlooked in the initial lockdown period.”

“Farmers’ markets such as these are a major revenue source for farmers and the main source of food for the majority of Zimbabweans,” she opined.

Post published in: Business

ZimVAC 2019 Urban Livelihoods Assessment

Last year’s drought was one of the worst on record – shrivelling maize in farmers’ fields. (Aaron Ufumeli/TNH)

• ZimVAC, a consortium of Government, Development Partners and Academia, acts as a technical advisory committee which focuses on designing and implementing a national Food and Nutrition Security Information System.

• ZimVAC was established in 2002 and is chaired by FNC, a department in the Office of the President and Cabinet whose mandate is to promote a multi-sectoral response to food and nutrition security challenges with the vision of ensuring that every Zimbabwean is free from hunger and malnutrition.

• ZimVAC undertakes urban and rural Livelihoods Assessments to generate information to be used for policy formulation and programming by Government and its Development Partners.

• ZimVAC supports Government, particularly FNC in:

• Convening and coordinating stakeholders on national food and nutrition security issues in Zimbabwe

• Charting a practical way forward for fulfilling legal and existing policy commitments in food and nutrition security

• Advising Government on strategic directions in food and nutrition security

• Undertaking a “watchdog role” and supporting and facilitating action to ensure commitments in food and nutrition are kept on track by different sectors through a number of core functions such as:

• Undertaking food and nutrition assessments, analysis and research,

• Promoting multi-sectoral and innovative approaches for addressing food and nutrition insecurity, and:

• Supporting and building national capacity for food and nutrition security including at sub-national levels.

• To date, ZimVAC has conducted seven urban livelihoods assessments since its inception, the 2019 Urban Livelihoods Assessment being the seventh

Post published in: Agriculture

Zimbabwe dismisses rumours of coup, says country stable

FILE PHOTO: Zimbabwe President Emmerson Mnangagwa arrives for the presentation of the 2020 National Budget at Parliament Building in Harare,

By MacDonald Dzirutwe

Zimbabwe’s worst economic crisis in more than a decade and rising public anger have stoked concern the military, which ended Mugabe’s more than three-decades rule in November 2017, might step in again.

Giving its first news conference since being formed in 2013, the NSC said speculation was intensifying that Mugabe allies living in exile were plotting a comeback with the help of elements in the military and the opposition.

The NSC is chaired by President Emmerson Mnangagwa and its members include security ministers and military chiefs, who were present at Wednesday’s media briefing.

“For the avoidance of doubt, there is no coup in the making,” Kazembe Kazembe, the home affairs minister in charge of the police and an NSC member, told reporters.

“We would like to take this opportunity and assure the nation and international community at large that Zimbabwe … is peaceful and stable internally.”

The 2018 elections were supposed to end Zimbabwe’s pariah status with the West, but Mnangagwa’s government has been accused of resorting to Mugabe-era tactics of heavy handedness against opponents.

The main opposition accuses the government of using a coronavirus lockdown to erode political rights.

Kazembe said the authorities would tackle those spreading a “medley of falsehoods”.

Without naming them, he accused some foreign embassies in Harare of misleading their capitals on affairs in Zimbabwe and relying on the opposition and former ruling party officials in their intelligence gathering.

“They also have, in the process, brazenly jettisoned any semblance of diplomatic impartiality and finesse in blatant violation of the peremptory norms of international law,” Kazembe said.

Police assault the abducted three

11.6.2020 10:24

“I am the father of Cecilia Chimbiri and Joana Mamombe and Netsai Marova are now at Harare Central. There has been an assault of myself and my three daughters including Lawyer Rose Hanzi by riot police in Central police station.

The charge is alleged to be that they lied that they were kidnapped. This total grievous harassment and manhandling of us is totally horrendous.

God of the people help us WE CAN’T BREATHE THE POLICE  KNEE IS ON OUR NECK.”

Post published in: Featured

Response to threats and allegations by Kazembe Kazembe against my person: Sikhala

Firstly, I am a grounded democrat who will never ever buy into coups. This is the reason why I was a spectator and did not participate in the November 17, 2017 facade. I amongst many, recused myself from the deception of the time, for I knew what it was. The involvement of the military in the politics of the nation in the history of mankind has led to the undermining of the very foundations of democracy in many states. In my study of history at University level, coups have never been a panacea to democracy and happiness of the people.

It was surprising that Kazembe Kazembe in his lack of understanding of my persona threatened my person in the company of our National Security Services Chiefs who are the people’s final line of defense. He stated that myself and my exiled brother Saviour Kasukuwere peddle lies about an imminent coup in our country. This statement is not only a lie but delusion of grandeur. I am grounded in the people and believe in people power not any other force. When I saw my brothers from the Security Services Chiefs in his company, I became proud because General Valerio Sibanda and Police Commissioner General Godwin Matanga and other luminaries of the liberation struggle represent the dreams of the people of Zimbabwe as the liberation struggle was fought for the liberty of its people and their happiness. Their constitutional duty is to be the people’s shield and the territorial sanctification of Zimbabwe. No one disputes their immutable value today and tomorrow to Zimbabwe. They remain the pillar of the security and safety of Zimbabweans. The target politicking of Kazembe Kazembe won’t work in the 21st century to tarnish political contenders and besmirch their reputation in the eyes of the people. All power is grounded in the people and I am on the side of the people and they will stand with me throughout these threats. Let it be reassured. I will never walk this journey alone. I will be with the people behind me.

I have told the people of Zimbabwe several times that my life is under threat and in danger. Some did not take it seriously and others thought it was political grandstanding. I ended up informing my employer the Law Society of Zimbabwe about the security threats and dangers around my life. Many a times, I have escaped assassination attempts on my life through road accidents, maltreatment and torture. I am being trailed on a daily basis by unknown individuals.

My freedom as a person has long been lost. I no longer have a social life but that will never dissuade nor deter me from speaking on behalf of the voiceless and the oppressed. Our people need happiness and their cry is that Zimbabwe belongs to everyone and all of us. We all need a share of the national cake and happiness.

It is cowardice to try and silence everyone into submission when our country is being looted dry right in our eyes. The resources in our country belong to every Zimbabwean. They are not there for the loot of the few. I represent that voice of a starving soul throughout Zimbabwe. Our people are suffering. They need happiness in their lifetime and it is that voice and reason why I speak on their behalf. I speak on behalf of the poverty stricken unemployed youth. I speak on behalf of the starving vendor, a suffering farm labourer, a peasant farmer whose produce has been reduced to nothing, a teacher whose salary can only afford a bar of soap, a packet of matemba and 2 litres of cooking oil, a soldier whose life is so difficult that they are no longer able to send their children to school. A police officer who after the end of the month is not able to make his wife and children happy. University and college graduates who have become faces of destitution. Zimbabwe is filled with sorrowful faces, souls and hearts. They cry everyday for their liberty, freedom and joy. This is a society I am prepared to die for. No matter the amount of intimidation, I will never relent on my calling by God to fight on behalf of the oppressed.

In light of these threats, by this response, I have informed domestic, regional and international authorities about the danger of the threat to my life by the ZANU PF regime through Kazembe Kazembe. Cry Zimbabwe cry. We shall be free one day.

Post published in: Featured

Zimbabwe latest update 10 June 2020

A young boy walks past a wall with graffiti urging people to wear face masks in Harare, Thursday, May, 28, 2020. Manhunts have… (AP Photo/Tsvangirayi Mukwazhi)

Today 622 RDT screening tests and 552 PCR diagnostic tests were done.

Therefore, to date, Zimbabwe has 320 confirmed cases of COVID-19, including forty-nine recoveries and four deaths.

The cumulative number of tests done to date is 55 709 (32 904 RDT and 22 805 PCR).

Stay at home and avoid going to crowded places. Where people come together in crowds, it is more difficult to maintain physical distance of at least 1 metre.

Post published in: Featured

Zimbabwe COVID-19 Lockdown Monitoring Report 9 June 2020 – Day 72

Tuesday 9 June 2020 marked day 72 of the national lockdown declared by President Emmerson Mnangagwa and has been in place since 30 March 2020.  The Ministry of Health and Child Care reported an increase in the number of confirmed cases increased to three hundred and fourteen (314). The number of cumulative tests done stood at fifty-four thousand five hundred and thirty-five (54 535). Of these, fifty-four thousand two hundred and twenty-one (54 221) were negative. The number of recoveries increased to forty-six (46) and the death toll remains at four (4).
2.0       Methodology
Information contained in this report is derived from the following Forum Members:

  • Zimbabwe Peace Project (ZPP)
  • Media Institute of Southern Africa (MISA)
  • Zimbabwe Lawyers for Human Rights (ZLHR)
  • Counselling Services Unit (CSU)
  • Zimbabwe Association of Doctors for Human Rights (ZADHR)
  • Zimbabwe Human Rights Association (ZimRights)
Excerpts from reports generated by The Herald and Bulawayo24 have also been incorporated into this report.
3.0       Emerging issues 
           3.1       General Updates
It was reported that at Nketa Health Centre in Bulawayo, patients were turned away due to shortages of nurses and health practitioners. Patients have been constantly turned back at the health centre owing to the shortage of health practitioners since the beginning of the lockdown. Health practitioners have cited the lack of personal protective clothing as the major reason for not attending to patients.In Tsholotsho, it was reported that there is an influx of border jumpers in the area. It was reported that border jumpers have been sneaking into the country from Bostwana and South Africa through undesignated entry points to avoid the 21 day mandatory quarantine.

The Embassy of Zimbabwe in Abu Dhabi issued a statement on 8 June advising that Ethiopian Airlines has agreed to repatriate Zimbabweans stranded in the United Arab Emirates. The flight is expected to depart for Zimbabwe on 13 June 2020. The statement further advised that all Zimbabwean nationals will be subject to a 21-day mandatory quarantine either in private or government quarantine centres.

In Masvingo, it was reported that vendors have moved back to their usual vending cites throughout the city. Vendors were observed at Chitima market and pavements at major shopping centres throughout the city including Majange, Rujeko and Siski shopping centres. It was also reported that some of the bars have resorted to sellig alcohol through the back door beyond the stipulated opening time for businesses. At Rujeko and Majange shopping centres, patrons were seen sitting at the back of the shops after having purchased alcohol through the back door.

In Chipinge town centre, it was reported that illegal foreign currency dealers have flooded street corners despite the heavy police and military presence in the town. It was allaged that the illigal foreign currency dealers have resrted to paying lawenforcement officers on patrol USD10 bribes per day to allow them to operate.

Chief Coordinator of the National Response to COVID-19 Dr Agnes Mahomva addressed Cabinet and indicated that security will be improved at quarantine centres to stop returnees from escaping. Dr Mahomva further indicated that part of the new measures to avoid further escapes by returnees include the surrendering of travel documents by returnees. Dr Mahomva also called upon the Ministries of Health and Child Care, Home Affairs and Cultural Heritage, and of Public Service, Labour and Social Welfare, to assist in ensuring that quarantine facilities have maximum security.

The Minister of Information, Publicity and Broadcasting Services Senator Monica Mutsvangwa has advised that the start of the phased reopening of primary and secondary schools has been set for Tuesday 28 July to allow the Ministry of Primary and Secondary Education to engage Treasury and other stakeholders to mobilise for the provision of adequate resources. Senator Mutsvangwa also advised that the Zimbabwe School Examinations Council (ZIMSEC) June examinations will still run from June 29 to July 22. This means that only Form Six, Form Four and Grade Seven classes will resume at the end of July with Lower Six, Form Three and Grade 6 pupils coming in three weeks later. Other pupils will move back into their classrooms in three more phases.

Government cancelled a USD60 million contract for the supply of test kits and other COVID-19 sundries awarded to Drax International. Drax has been paid close to USD1 million for COVID-19 personal protective equipment supplied to NatPharm. In a letter addressed to NatPharm Managing Director Flora Nancy Sifeku, Ministry of Health and Chief Care Acting Secretary Gibson Mhlanga directed the cancellation of all contracts for the supply and delivery of medicines and surgical sundries by Drax. This comes after investigative journalist Hopewell Chin’ono exposed the fraudulent contracting of Drax International without the necessary tender process being followed.

3.2 Abduction Update
Honourable Joana Mamombe together with MDC Alliance youth leaders Cecilia Chimbiri, and Netsai Marova appeared at Harare Magistrates Court on 9 June 2020 for the hearing of the state’s application to vary their bail conditions so that they surrender their passports. Magistrate  Muchuchuti  ordered the trio to surrender their passports to the court to allay the State’s fears that the trio could escape from Zimbabwe.

4.0       Arrests
In Masvingo, nine (9) MDC Alliance district members were arrested and detained at Masvingo Police Station were they were charged with violating the lockdown regulations. The nine (9), Mundoga Manners, Kudakwashe Matavire, Elias Munosiyei, Tizirai Nhenga, Chongore Johannes, Dziva Timitia, Tsengamhare, Ngorima Joel and Russel Mudoro were all released after paying a fine of ZWL600 each.

5.0 Summary of violations
The table below summarises human rights violations documented by the Forum Secretariat and Forum Members from 30 March to 9 June 2020.

Nature of Violation Number of Victims Location
Assault 264 Harare, Zvishavane, Masvingo, Bulawayo, Wedza, Chinhoyi, Zaka, Gweru, Chitungwiza, Bindura, Nembudziya, Chiredzi, Marondera, Mutoko, Chivi, Bikita, Zvishavane, Mvurwi, Mutare, Marondera, Beitbridge, Domboshava, Wengezi
Attack on Journalists 16 Mutare, Gweru, Chinhoyi, Harare, Chiredzi, Masvingo, Beitbridge
Arrests 444 Masvingo, Gokwe, Gweru, Bulawayo, Chinhoyi, Hwange, Harare, Magunje, Lupane, Norton, Bikita, Mutasa, Chitungwiza, Nkayi, Makoni, Chipinge, Beitbridge, Lupane, Tsholotsho, Mwenezi, Guruve, Hwange, Murwi, Kwekwe
Malicious Damage to Property 2 Harare, Chitungwiza
Abductions 3 Harare

6.0  Conclusion
The Forum is concerned with the growing number of COVID-19 confirmed cases at the backdrop of the reopening of schools and tertiary institutions. The Forum urges government to adequately prepare for the reopening of schools to avoid the spread of the pandemic within academic institutions.

The Forum also urges community members to abide by lockdown regulations relating to social distance and the wearing of masks.

Post published in: Featured