The Brief

This article is an updated version of The Markup’s original article on how to prepare your phone for a protest, published in 2020.

No Kings Day protests are taking place this Saturday across the country. For the second time during this administration, organizers predict millions of people will hit the streets to declare that "in America, we don’t have kings and we won’t back down against chaos, corruption and cruelty."

Before going to a protest, demonstrators or observers should note their cellphones may subject them to surveillance tactics by law enforcement. If your cellphone is on and unsecured, your location can be tracked and your unencrypted communications, such as SMS, may be intercepted. Additionally, police may retrieve your messages and the content of your phone if they take custody of your phone, or later by warrant or subpoena.

Deciding How and If to Bring Your Phone

Your proximity to organizers of a protest, your immigration status (here’s what to know if you’re asked about your immigration status at a protest) and other factors mean there is no one-size-fits-all privacy advice for whether to bring your mobile phone to a protest.

“All protesting and all marches are a series of balancing acts of different priorities and acceptable risks,” said Mason Donahue, a member of Lucy Parsons Labs, a Chicago-based group of technologists and activists who run digital security training classes and have investigated the Chicago Police Department's use of surveillance technology. “There is a lot of communication ability that goes away if you don't bring a phone period,” he said.

Leaving your phone behind means the data it holds and transmits will be the safest it will ever be, but it also means giving up access to important resources. It becomes much more difficult to coordinate with others or get updates from social media. For many, phone cameras are also the only way they can document what’s happening.

If you have access to a separate phone, whether it’s a “burner” phone, an old smartphone that you can reset or an old-fashioned camera, you could choose to bring these devices instead of your regularly used phone. However, not everyone has access to these devices or can afford to purchase a separate phone just for protesting.

If you take your cell phone with you, the rest of this guide runs through how to minimize risks to your privacy.

Use a Passcode, Not a Fingerprint

Fingerprint and face locks may be convenient ways to secure your phone, but they don’t always work in your favor if your phone is seized by law enforcement.

In the United States, the Fifth Amendment grants people the right not to be "compelled in any criminal case to be a witness against" themselves. When it comes to whether you’re obligated to unlock your smartphone, your Fifth Amendment protection varies depending on whether you’re using a passcode or biometrics like a fingerprint or face scans.

Courts have made opposing rulings on whether the Fifth Amendment applies to both passcodes and biometric locks, and most recently, a federal appeals court ruled that law enforcement can compel a person to unlock their phone using their fingerprint. On the whole, if you are choosing to bring your phone, privacy experts recommend that you use a passcode as your best option, but it isn’t failsafe.

“Police have these tools by Cellebrite, which essentially try to do tons and tons of guesses really fast on your phone to see what the passcode is. It works pretty effectively for the police because most people use fairly predictable and simple numerical codes,” explained David Huerta, a digital security trainer at the Freedom of the Press Foundation.

He recommends using an alphanumeric passcode, the longer the better. To add an alphanumeric passcode:

iPhone: Settings > Face ID & Passcode > Turn Passcode On or Change Passcode > Passcode Options > Custom Alphanumeric CodeAndroid: Settings > Security > Screen Lock > PasswordTo turn your biometric lock off:

iPhone: Settings > Face ID & Passcode >Tap Reset Face IDAndroid: Settings > Security & location > Pixel Imprint > Click Delete next to each fingerprintJennifer Granick, Surveillance and Cybersecurity Counsel at the American Civil Liberties Union, told The Markup, “It is legal to refuse to unlock your phone or to disclose your passcode, citing your Fifth Amendment rights if possible. There should be no negative ramifications.” Granick noted however, that police do not always act lawfully.

Subdue Your Signals (and Download Signal)

Protesters should be prepared for surveillance of their cellphone’s transmissions — even if they don’t make any calls, Huerta said.

In some parts of the United States, law enforcement has tools that can intercept cellphone signals, called “stingrays” or “IMSI catchers.” Stingrays collect the identifying details of phones in the area by “impersonating” cell towers, and newer models are believed to be able to intercept calls and messages, according to TechCrunch.

In 2018, the American Civil Liberties Union identified 75 agencies in 27 states and the District of Columbia that owned stingrays.

You can configure your phone to avoid connecting to the subset of stingrays that use 2G connections:

iPhone: Settings > Privacy & Security > Lockdown ModeAndroid (v12 or newer): Settings > Network & Internet > SIMs > [Carrier] > Allow 2G > OffNote that activating “Lockdown Mode” on iPhone will restrict your phone use, and enhance your security, in a number of other ways; see the link above for more details. Similarly, you may experience less reliable cellular connectivity on Android without the 2G option enabled.

Huerta said that since some of these devices can scoop up text messages, you should use an encrypted messaging app like Signal or WhatsApp instead of your default one. (For iPhone users, iMessage is encrypted, but be warned: If you text with an Android phone user, it automatically switches to SMS, which is not.)

Huerta recommends Signal over other apps because it’s battle-tested: In 2016, the U.S. District Court for the Eastern District of Virginia served a subpoena on Open Whisper Systems, the company that makes the app, seeking information about two Signal users for a federal grand jury investigation. The only information the company was holding? The time the users’ accounts were created and the date the users last connected to the app’s servers.

Lockdown Location Tracking

Law enforcement can also request “cell tower dumps” from telecom providers. In its February 2020 transparency report, AT&T disclosed that it received 1,289 demands for cell tower searches during the second half of 2019. The company said that the demands “ask us to provide all telephone numbers registered on a particular cell tower for a certain period of time."

Because of the risk of such surveillance, some experts suggest turning off your cellphone altogether at a protest. For instance, the Electronic Frontier Foundation recommends turning your phone off or enabling airplane mode while you’re at the protest, because it ensures that your device won’t be transmitting signals.

But turning off your phone means you won’t be able to communicate with others or use your camera to record. So if you have to keep your phone on, try to at least manage what location information your apps may have. The Verge has a handy guide for Android users, and Business Insider has a comparable one for iPhone users.

You can even turn off all location services entirely:

iPhone: Settings > Privacy > Toggle Location Services offAndroid: Settings > Location > Toggle Use location off 

Harden Your Hardware

Another scenario that Huerta suggested that protesters consider is what to do if your phone is seized by law enforcement. If you can, back up your device before heading out to make the decision to wipe it if you find yourself in a tight situation a little bit easier. There are tutorials for both iPhone and Android users.

Encrypting your phone also makes it more difficult to access information if it’s been seized, because files can only be read if someone has the encryption key. DuckDuckGo, the privacy-oriented search engine, has step-by-step instructions for both iPhone and Android users.

Neutralize Notifications

Notifications are normally a great way to quickly check messages, but if your phone is lost or seized, it may reveal information that you’re not comfortable sharing with others.

“Many times, if you don't have a chance to turn off your phone before a device gets seized, even if law enforcement can't unlock your phone,” Huerta said, if your notifications are on, “they don't even have to unlock your phone, they can just scroll down and see everything that you're up to.”

Reducing the amount of open information that sits on your locked screen can increase the security of you and the people you’re communicating with.

On Android, you can strip notifications of context by going to Settings > App & notifications > Notifications, going to the “Lock screen” section and turning off Sensitive notifications.

With iPhones, you can change how detailed an app’s notifications are by going Settings > Notifications, selecting that app and then scrolling down to the Options section and setting “Show Previews” to “Never” and “Notification Grouping” to “Automatic.”

You can also turn off notifications entirely:

iPhone: Settings > Notifications > Set Show Previews to NeverAndroid: Settings > Apps & notifications > Notifications > Notifications on lock screen or On lock screen > Don't show notifications

Think Before You Share

Photos and videos can reveal more than you intend.

Image files can contain metadata that includes the date the photo was taken, the make and model of the device it was shot on, and even the GPS location of where it was taken. One of the easiest ways to strip a photo of its accompanying metadata is to take a screenshot of it and post that instead of the original image, Huerta explains.

And even if you use a screenshot, check the image for information you might not want to make public, such as indications of location and the identity of other people.

Law enforcement has access to powerful facial recognition databases. Civilians also have tools in reach that can reverse engineer the who, what, and where of your social media posts. One way to mitigate these is to cover up identifying information using an emoji or by drawing over it with a solid color.

Signal Messenger also allows users to blur the faces of people in its camera image editor.

Physicalize Your Phonebook

Phones can run out of battery or get lost, broken or taken away. Don’t make it your only way to access important contact information.

Reporter Madeleine Davies suggested writing down the phone number of a lawyer or emergency contact on your arm with a Sharpie.

The National Lawyers Guild operates legal support hotlines across the United States that are specifically for people who have been arrested at political demonstrations. Look up a hotline for your area and write it down.

This article was originally published on The Markup and was republished under the Creative Commons Attribution-NonCommercial-NoDerivatives license.

Gov. Gavin Newsom on Monday accused President Donald Trump of placing him on a political “hit list” and directing federal investigators to go on a “fishing expedition” for a crime it could use to indict him.

The Democratic governor declared that the president was targeting him not for his “mean tweets,” but because Newsom is considering a run for president in 2028.

“In recent days, federal agents have knocked on the doors of family friends and former employees,” Newsom said in the video. “Not because they found a crime, but because they simply are trying to find one.”

Newsom stated that he was “proud” to join Trump’s so-called “enemies list” that has also included former FBI Director James Comey, New York Attorney General Letitia James, U.S. Sen. Adam Schiff and Minnesota Governor Tim Walz, the former vice presidential candidate.

The governor claimed that federal agents were demanding records and “abusing the grand jury process” by “digging through years and years of random documents.” Neither the governor nor first partner Jennifer Siebel Newsom have received subpoenas yet, Newsom’s office said, but he “looks forward” to receiving them.

His office said federal agents have contacted friends, former employees, business associates, donors, and organizations connected to the Newsoms but did not specify further.

The accusations first came in a fiery video statement released Monday, but provided no concrete evidence that the president had orchestrated such a probe and did not identify any of the associated groups or people he said the Justice Department was looking into.

“You can subpoena my records. You can investigate me. You can harass me. Put my name on any and every enemies list that you have,” Newsom said. “But leave my wife and family out of your personal vendetta!”

The White House referred questions about Newsom’s comments to the Department of Justice. A Department of Justice spokesperson did not immediately respond.

This is a developing story that will be updated.

This article was originally published on CalMatters and was republished under the Creative Commons Attribution-NonCommercial-NoDerivatives license.

A year ago, California officials had to report under a new state law how they used automated systems to make important decisions about people’s lives.

They said they never did — a startling answer for a number of reasons, sources told CalMatters at the time, including that there were several prominent examples to the contrary.

Now, the state has issued a more expansive answer: It is currently using six automated systems to make consequential decisions about the lives of Californians.

The systems are used to do things like:

• Predict whether incarcerated people will re-offend 
• Evaluate whether unemployment claims are fraudulent
• Remotely administer exams for California State University students 
• Detect when college students use generative AI to write assignments.

That's according to a report released Friday by the state's technology department. The report is required under a 2023 law mandating that that state agencies annually disclose their use of “high-risk automated decision systems,” which the law defines as systems “used to assist or replace human discretionary decisions that have a legal or similarly significant effect, including decisions that materially impact access to, or approval for, housing or accommodations, education, employment, credit, health care, and criminal justice.”

The law was pushed by civil rights, privacy, and civil liberties groups concerned about harms from AI-like systems. Numerous such systems have been shown to produce results biased against marginalized groups, including those used for high-stakes testing, predicting recidivism, and detecting AI-generated texts.

CalMatters flagged last year’s report as surprising, noting that the state corrections department had reported using software to predict post-release behavior and that the employment department used a fraud detection system that paused benefits for 600,000 Californians between Christmas and New Years in 2020, according to a Legislative Analyst’s Office report.

Though the report names six high-risk systems in use today, state agencies have used some for several years now. Those include COMPAS, which has been used by the California Department of Corrections and Rehabilitation to assign recidivism scores to inmates for at least a decade.

The technology department said in the report that it found more systems for its report this year because it evaluated responses from state agencies more thoroughly, including by meeting with agencies and questioning them about their systems.

In addition to the six high-risk systems, the department’s report disclosed an additional six systems initially flagged as high risk but later determined not to be. One was AI used for legislative bill analysis by the California Department of Finance.

The report also notes two high-risk systems that are not currently in use: the Department of Cannabis Control is developing artificial intelligence to analyze whether marijuana packaging violates a law against appealing to children and California State University discontinued use of a language model for reviewing job applications.

Results of the second annual survey come after cities like San Jose and San Francisco released their first AI inventories in recent months. They also come at a time when California-based AI companies like Anthropic and OpenAI are going public and seeking government contracts. Americans are split on whether they trust AI and surveys last year by TechEquity and Carnegie California found that the majority of Californians want safety over innovation. A Gallup poll to evaluate the opinions of Americans found similar results.

Senate Bill 1248, a bill that would have prohibited state employees from using automated decision systems as the sole basis for decisionmaking, was killed last month in the state’s rapid-fire appropriations process.

What’s missing

While the newly-released report shares more information than last year’s, several questions remain about the state’s use of artificial intelligence and other automated systems.

The report does not include generative AI pilot projects underway with support from the governor’s office to do things like help businesses file taxes, support state employees who work on homelessness, and an AI assistant named Poppy that uses language models like Anthropic’s Claude to do things like draft documents, research policy, or build custom AI tools, according to a state website. The website says that 67 state departments provided input during the pilot phase and statewide rollout of Poppy begins next month.

A California State University contract with OpenAI to provide a version of ChatGPT is also not mentioned, though surveys of AI use in educational settings have found that the technology can do more harm than good.

The 2023 law mandating the annual high-risk systems report excludes reporting by a number of state agencies, including the judicial branch and the University of California college system. Reporting by CalMatters last month found that a majority of the roughly 60 courts that operate statewide have adopted generative AI use policies. Courts in Los Angeles and Riverside counties have begun testing an AI tool to act as a clerk, drafting orders and producing research memos.

CalMatters is compiling an inventory of automated decisionmaking systems in use by state and local agencies throughout California in order to provide transparency into how governments are using decisionmaking systems and AI. Know about an AI system in use by a state or local agency? Email khari@calmatters.org.

This article was originally published on CalMatters and was republished under the Creative Commons Attribution-NonCommercial-NoDerivatives license.

An estimated 1.3 million Joshua trees burned as the 2020 Dome Fire swept through 43,000 acres of the Cima Dome in the Mojave Desert. Scientists feared the damage extended far beyond the trees, reaching into the underground networks of fungi that help sustain desert ecosystems.

Instead, fungi are thriving underground.

That finding — published in a peer-reviewed study in the journal Fire Ecology — is important because the fungi extend the reach of Joshua trees’ root systems, helping them survive harsh desert conditions. Without the fungi, the desert plants would struggle even more than they already are to recover from the fire.

“Even though things die, there are always plants and microbes that will take advantage of the fire and will really bloom after them,” said Sydney Glassman, a fungal ecologist at UC Riverside and the lead author of the study. “So it’s not all doom and gloom."

Two weeks after the Dome Fire was contained in August 2020, Glassman and a team of researchers collected samples from burned and unburned areas around the Cima Dome volcanic structure east of Baker. The area is home to one of the densest Joshua tree forests in the world. The team collected soil samples near Eastern Joshua trees to assess the fire’s effect on fungal communities. The samples were frozen, processed for DNA extraction, and later sequenced to identify which organisms were present.

Over the next three years, researchers returned to the sites five times, focusing on measuring the amount of the symbiotic fungi and bacteria that live within Joshua tree roots.

They found a fungal system that remained largely intact.

“In this case, other plants survived — like cacti, or different kinds of desert forbs, or other yuccas — so they were maintaining the soil microbial community,” Glassman said.

Sydney Glassman of UC Riverside collects samples of fungi in the Mojave National Preserve.

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Lynn Sweet

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UC Riverside

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These fungi help plants absorb water and nutrients from the soil, while also protecting against pathogens and environmental stressors such as drought.

Experts think that the fungal networks remained resilient partly due to the sparseness of the Mojave, where Joshua trees are spread far apart.

“There’s not really a lot of ground cover in between them, so the fire moves really fast,” Glassman said, meaning the heat did little damage to the soil.

But efforts to restore Joshua trees have seen little success so far. Seedlings face a multitude of threats, including pack rats and increasing temperatures, Glassman said.

“The seedling has to get growing and survive first,” Glassman said. “And then once it’s growing, then it definitely requires these fungi, and those can help them tolerate drought and survive.”

This image shows what's known as an arbuscule, a fungal structure, from an Eastern Joshua tree's root.

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Arik Joukhajian

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UC Riverside

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By 2100, Joshua trees are projected to lose up to 80% of their habitat if greenhouse gas emissions continue increasing. Amid concerns about climate change, experts said that the new study provided insight into how Joshua trees may fare in a hotter world.

Brendan Cummings, conservation director at the Center for Biological Diversity, said Joshua trees face increasing fire and drought risk as human-caused climate change accelerates.

“If we do everything necessary to save the Joshua tree, we will also be saving the broader desert ecosystem,” said Cummings, who has worked on Joshua tree conservation.

Glassman said her research will continue. She hopes to understand the traits of bacteria and fungi that survive fires, and how they're doing it.

Ohio State University evolutionary ecologist Alison Bennett said future research could investigate whether soil fungi play a role in improving the germination and growth of Joshua tree seedlings. However, Bennett noted that challenges in procuring Joshua tree seedlings and waiting for them to reach maturity over decades could make such research difficult.

“There are other aspects of restoration and looking at soil microbiology that need to be built more, and I feel like this paper lays a good foundation for a lot of that future work,” said Andrew Kaiser, an environmental scientist at the California Department of Fish and Wildlife who was not involved in the study.

California lawmakers are expected to adopt a $356 billion state budget today that would largely avoid or delay billions of dollars in social service cuts Gov. Gavin Newsom proposed last month.

Then, the (real) budget negotiations can begin.

Today’s vote is only a formality, because lawmakers are constitutionally required to pass a balanced budget by June 15 each year to continue collecting their pay. They have until the end of the month to strike a deal with Newsom before the new fiscal year starts July 1.

In the next two weeks, legislators will have to settle their differences with Newsom on health care cuts, funding for schools and homelessness and more.

Here are five takeaways from the Legislature’s spending plan:

Punt and soften healthcare cuts

Faced with federal funding cuts under the tax and spending law President Donald Trump signed last year, Newsom proposed several measures to limit healthcare coverage for undocumented immigrants as well as refugees, asylees and human trafficking survivors.

Top legislative Democrats want to delay those cuts by a year while looking for alternatives to soften the impact.

Newsom also wants to raise the monthly Medi-Cal premium undocumented immigrants pay from $30 to $50. But lawmakers prefer waiting him out, proposing to leave the decision to the next governor.

“I don’t think it’s about Gavin Newsom,” said Sen. John Laird, a Santa Cruz Democrat who chairs the budget committee. “It’s really about trying to stretch as far as we can in the hope that we don’t have to make those cuts.”

The Legislature rebuked Newsom’s proposal to reinstate stringent Medi-Cal asset tests for seniors and adults with disabilities by July, instead pitching a less restrictive limit to take effect in fiscal year 2027-28. With bipartisan support, the lawmakers also rejected Newsom’s proposed cuts to the In-Home Supportive Services program.

They did, however, agree to Newsom’s plan to spend $300 million to subsidize private healthcare for low-income Californians.

Restoring some child care, TK-12 money

Democratic lawmakers want to add 22,000 state-funded child care slots over the next few years. They also rejected Newsom’s proposed reduction of 6,800 state-supported spaces due to declining federal and state funding.

The new slots would prioritize children ages 3 and under. Advocates who applauded the proposal say it would address a gap left unfilled by Newsom’s transitional kindergarten expansion to reach 4-year-olds.

Banking on a rosier revenue forecast, state lawmakers proposed $2.7 billion more in funding for TK-12 schools and community colleges than Newsom did in May.

Schools and educators were hoping for more. They wanted the Legislature to reject Newsom’s proposal to withhold $3.9 billion in constitutionally guaranteed school money — an accounting mechanism to prevent overpaying schools in case the projected revenue doesn’t materialize.

“We demand that the Legislature and the governor follow the law, stop with the gimmicks and the shell games, and fully fund our schools,” said David Goldberg, president of the California Teachers Association. “Our union is prepared to do whatever it takes to hold them accountable if they don’t. Our students deserve no less.”

More generous with counties

The Legislature’s spending plan would give counties more money to step up eligibility checks for Californians applying for food stamps and health care benefits, reviews that are now required under Trump’s spending bill.

It would also allocate $125 million to help counties reestablish indigent care — a program serving low-income Californians that largely went away under Obamacare.

State lawmakers also want to set aside $900 million for the state’s homelessness fund, whereas Newsom included just $500 million in his proposal.

More revenue, please

Newsom proposed three new tax measures and lawmakers are on board with them:

• Applying a sales tax on most company software, like Slack and Microsoft Suites
• Capping tax credits big corporations claim
• Extending a tax on Medi-Cal health providers, which the state has relied on to qualify for more federal funding.  

The proposals come at a time when California voters have rejected most local tax initiatives during the June primary. But Newsom’s proposals require no voter approval — just the support of two-thirds of each legislative chamber.

There’s still an appetite among lawmakers to make corporations pay up. Senate Democrats had proposed a monthly charge on big employers for having employees enrolled in Medi-Cal, but have now backed away from the plan, instead asking the next governor to pitch “fully viable options” next year.

Save more money for rainy days

There’s a consensus between the Legislature and the governor to raise the ceiling on the revenue the state can deposit into its rainy day fund. The question is how much. State leaders are constitutionally required to make deposits into the account each year, but the balance cannot exceed 10% of the state’s general fund tax revenue under current law.

Changing that amount would require voter approval. Lawmakers are considering placing a measure on the November ballot that would allow them to sock away more money for lean years. They have a tight deadline of June 25 to settle on what they want to put before voters.

This article was originally published on CalMatters and was republished under the Creative Commons Attribution-NonCommercial-NoDerivatives license.