Cell Phone Guide For US ProtestersEva Galperin Parker Higgins Protesters want to be able to communicate, to document the protests, and to share photos and video with the world. So theyll be carrying phones, and theyll face a complex set of considerations about the privacy of the data those phones hold. We hope this guide can help answer some questions about how to best protect that data, and what rights protesters have in the face of police demands. Think carefully about whats on your phone. When we last visited this question, law enforcement in many states were arguing that they could search the contents of a phone incident to arrest without a warrant. Today, thanks to the unanimous Supreme Court decision in Riley v. California, thats no longer the case. Still, if you can avoid carrying sensitive data, you dont have to worry about it getting pulled off the phone. That can include photos, your address book, application data, and more. If you dont need it for the protest, consider removing it for the duration. If you have access to a temporary phone with only the essentials, that might be a better option. Modern smartphones record all sorts of data, and there may be overlooked sources of sensitive information. Password protect your phone. Password protection can guard your phone from casual searches, but it can still be circumvented by law enforcement or other sophisticated adversaries. Start using encrypted communications channels. Text messages, as a rule, can be read and stored by your phone company or by surveillance equipment in the area. If you and your friends can get comfortable with encrypted communications channels in advance, that can keep prying eyes off your texts while theyre in transit. Direct messages through social media may be encrypted while in transit, but can be subject to subpoenas from law enforcement. You may wish to explore end-to-end encrypted options, like Whisper Systemss TextSecure,1 Guardian Projects mobile IM software ChatSecure, or the mobile version of Cryptocat, which only store the contents of your communications in an encrypted, unreadable form. End-to-end encryption does not protect your meta-data. In other words, using end-to-end encrypted communications will keep law enforcement from being able to read the contents of your messages, but they will still be able to see who youre talking to and when youre talking to them. Keep control of your phone. You may wish to keep the phone on you at all times, or hand it over to a trusted friend if you are engaging in action that you think might lead to your arrest. In any case, you can set the lock screen to turn on quickly, so that if you do lose control of your phone, nobody else gets access easily. Take pictures and video of the scene. As the ACLU says in a recent Know Your Rights guide, Taking photographs of things that are plainly visible from public spaces is a constitutional right. Unfortunately, that doesnt stop law enforcement officers from occasionally demanding that protesters stop doing exactly that. If youre planning to document the protest, you should read the whole guide ahead of time. There are special considerations for videotaping, too, so make sure to brush up on that if you plan to be recording video. Finally, you may wish to explore options that upload directly to another server. Livestreaming sites, and even social media services, can make sure photos and videos get online before law enforcement officers have a chance to delete them. You have a right to remain silentabout your phone and anything else. If questioned by police, you can politely but firmly decline to answer and ask to speak to your attorney. If the police ask to see your phone, tell them you do not consent to the search of your device. Again, since the Supreme Courts decision in Riley, there is little question that officers need a warrant to access the contents of your phone incident to arrest, though they may be able to seize the phone and get a warrant later. As we said in the last guide, if the police ask for the password to your electronic device you can politely refuse to provide it and ask to speak to your lawyer. Every arrest situation is different, and you will need an attorney to help you sort through your particular circumstance. Note that just because the police cannot compel you to give up your password, that doesnt mean that they cant pressure you. The police may detain you and you may go to jail rather than being immediately released if they think youre refusing to be cooperative. You will need to decide whether to comply. If your phone or electronic device was seized, and is not promptly returned when you are released, you can file a motion with the court to have your property returned. If the police believe that evidence of a crime is on your electronic device, including in your photos or videos, the police can keep it as evidence. They may also attempt to make you forfeit your electronic device, but you can challenge that in court. Increasingly, we keep our most sensitive communications and personal information on our cell phones. We carry in our pockets these devices that can tremendously enhance our ability to exercise our First Amendment rights, but which also carry serious privacy risks. We hope that with these tips in mind, you can take the necessary precautions with your digital technology. Please visit the Electronic Frontier Foundation for digital freedom and privacy. 