NEW YORK - New Yorkers have a right to know how police are searching their cell phones, according to a lawsuit filed against the NYPD.

The suit was filed in State Supreme Court more than 10 months after the NYPD first received a freedom-of-information request (FOIA) for records on its use of mobile device forensic tools that can decrypt and download all the information on a target's cell phone.

Albert Fox Cahn, executive director of the privacy group Surveillance Technology Oversight Project (S.T.O.P.), says other police departments around the country have complied with similar requests.

"New Yorkers have a clear legal right to understand how these tools are being used, when they're being used and what safeguards are in place to protect innocent New Yorkers from this sort of invasive search," Cahn states.

Last year a court ordered the NYPD to respond to an earlier FOIA request over its use of cell phone surveillance technology against protesters. It has not yet responded to this new lawsuit.

Cahn says devices now available to police departments can access all the information on a cell phone including documents, location information, messaging history, and even documents that had been deleted.

"That's an incredibly invasive window into the most private areas of our lives," he stresses. "And that sort of data collection requires powerful safeguards to make sure it's only being used in cases where it's actually necessary."

Cahn adds that the U.S. Supreme Court has ruled that police are required to get a warrant to be allowed to search a cell phone.

But he notes that there are exceptions to those rules. And that is what prompted the civil rights group Upturn to request records of cell phone searches from police departments around the country.

"One thing we want to better understand is whether there are any exceptions that have been used by departments to avoid the search warrant requirement," Cahn explains.


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In a blow to free speech and the right to assemble, the U.S. Supreme Court recently declined to hear a case involving the rights of protest organizers in Mississippi, Louisiana and Texas.

McKesson v. Doe stemmed from protests over the 2016 police killing of Alton Sterling in Baton Rouge, Louisiana. A protest organizer faced charges after a police officer was injured by the actions of an unknown protester.

Cicley Gay, board chairwoman of the Black Lives Matter Global Network Foundation, said an opinion by the Fifth Circuit now stands, allowing an organizer to be held liable for the individual actions of others at a protest based on negligence.

"This case without question infringes upon all of our First Amendment rights," Gay contended. "It's incumbent upon us to reject its premise and its intention, which is, frankly, to scare champions of justice and organizers away from mass protest."

The Fifth Circuit covers Mississippi, Louisiana and Texas, and Gay noted the First Amendment still protects the right to assembly. Black Lives Matter protests have attracted diverse groups of people and a Harvard study shows 26 million participated in protests in 2020.

Protesting at college campuses across the country has been on the rise, with students complaining law enforcement involvement has made matters worse. Gay argued it is important for Mississippians to remember Martin Luther King Jr. and understand protest is at the core of every successful social movement in this country.

"We want our young people to be able to continue to raise their voices," Gay emphasized. "Oftentimes, protest is not pretty. It is intended to disrupt. And as long as people are doing it peacefully, they should be entitled to do so."

Gay stressed the Fifth Circuit decision essentially eliminates the right to organize a mass protest because organizers could be held financially liable if even one protester commits an illegal act.

A new statue at the U.S. Capitol honors Arkansas civil rights activist Daisy Gatson Bates.

The eight foot bronze statue is in the National Statuary Hall.

Bates has a newspaper in her arm, is holding a notebook and a pen, and is wearing a National Association for the Advancement of Colored People stick pin.

She and her husband owned and operated the Arkansas Weekly newspaper - that was devoted solely to telling the stories of the Civil Rights Movement.

Current president of the Arkansas NAACP Barry Jefferson said Bates is best known for her work with the Little Rock Nine - the students who integrated Arkansas public schools in 1957.

"When they was desegregating Little Rock Central High school," said Jefferson, "she stood and fought for that and stood with them and walked them in every single day."

After working with the Little Rock Nine Bates continued to fight for Civil Rights and was a speaker at the March on Washington in 1963.

She was president of the Arkansas NAACP from 1952 to 1961.

Each state can place two sculptures in the Statuary Hall. The Bates statue replaces one of a little-known 19th century Arkansas resident.

The decision to honor Bates had bipartisan support. Jefferson said the move is a sign that Arkansas is evolving.

"It's saying that we're trying to move in the right direction, and rewrite the wrongs that have happened for the state of Arkansas for Black people," said Jefferson, "by presenting her statue at the National Capitol to show that - hey, Arkansas is trying to grow, Arkansas is trying to move forward."

The third Monday in February is Daisy Gatson Bates day in Arkansas. She died in 1999 and was posthumously awarded the Medal of Freedom.





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The American Civil Liberties Union of Texas says it is monitoring protests at college campuses, after almost 60 students protesting the Israeli-Palestinian conflict were arrested during a demonstration at the University of Texas in Austin.

State troopers on horses and in riot gear were called in to control the crowd. ACLU Staff Attorney Brian Klosterboer said students planning to participate in peaceful protests should know their rights.

"We encourage everyone to follow the guidance of law enforcement even if they believe that law enforcement might be violating their First Amendment or constitutional rights," said Klosterboer. "It's important that people try to stay safe. Remember, they also have a right to remain silent. You can ask if you are free to leave."

Charges were dropped against the protesters in Austin. Students also held a sit-in at the University of Texas in Dallas and a walkout was held at the University of Texas in Arlington.

Following the arrests of the protesters, Texas Gov. Greg Abbott said on the social media platform X that the students belonged in jail, and accused them of hate speech.

Klosterboer said when state officials attack free speech, they undermine the core of democracy.

"Texas public universities were specifically designated by Gov. Abbott as traditional public forums," said Klosterboer. "That's where students and others who are engaging in any kind of speech, whether it's passing out Bibles and religious literature or engaging in protests for human rights. That's where free speech is at its apex."

He added that if someone feels their civil liberties have been violated, they can file a complaint on the ACLU website.

The demonstrations in Texas are part of nationwide protests calling for a ceasefire between the Israeli forces and Hamas.





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