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.

A bill to allow insurance companies to monitor California drivers’ behavior in exchange for potential discounts on their premiums would change the state’s longstanding insurance law, drawing opposition from the Insurance Department as well as consumer and privacy advocates.

Assembly Bill 311 would let insurance companies use telematics — technology installed in vehicles that allows them to transmit information such as location, speed, braking force, swerving and more — when setting rates for drivers who choose to allow themselves to be tracked.

California is the only state in the nation that does not allow insurers to use telematics in setting rates. State law requires insurers to prioritize safety record, miles driven and driving experience as the main factors when they set drivers’ premiums. The bill would let drivers choose to use telematics data to establish their driving records in addition to what their Department of Motor Vehicles records show. Telematics data is collected by smartphone app, systems embedded in vehicles or other connected technology.

Supporters say the legislation would make streets and highways safer by encouraging better driving, while opponents worry about privacy, lack of transparency and possible bias in insurance pricing.

Kellie Montalvo, a parent whose son died after a distracted driver hit him, testified before the Senate Standing Committee on Insurance on June 24. She said her son Benjamin, 21, was riding his bike in 2020 when he was hit by a driver who had been texting while driving. She said the driver had a record of “speeding tickets, prior crashes and this was her fourth hit-and-run.”

“I spend many sleepless nights wondering if she had been stopped at any point prior to that horrific night, would my beautiful son be here today,” Montalvo said, her voice breaking. She urged lawmakers to pass the bill, saying it will save lives.

Other witnesses, also clearly emotional, expressed support for the bill as they carried enlarged photos of the loved ones they’ve lost because of crashes.

The bill’s author, Assemblymember Tina McKinnor, a Democrat from Inglewood, said at the committee hearing that she has lost three friends in vehicle crashes in the past several years. She called telematics a tool to help make streets safer, saying her bill would “incentivize safer, good driving behavior.”

Safer Streets for Everyone, a nonprofit organization advocating for road safety, co-sponsored the legislation. The group’s founder and executive director, Damian Kevitt, is a cyclist who was hit by a car and lost his leg. He testified before the committee, citing a couple of studies that show drivers improved their behavior — including reducing their use of mobile phones — while behind the wheel when financial rewards were involved.

Both studies were backed by the insurance industry. None of the proponents who testified recently before two Senate committees advanced the bill mentioned any independent studies around whether telematics has helped improve safety.

Other supporters of the bill include several road-safety coalitions and bicycle associations from around the state.

Insurance department’s concerns

The state’s insurance department is opposed to the bill, saying the legislation is not compatible with California insurance law, Proposition 103. The law came out of a ballot proposition written by Harvey Rosenfield, the founder of consumer advocacy group Consumer Watchdog, in response to rising car and home insurance premiums almost four decades ago. It was approved by 51% of the state’s voters in 1988 and includes a mandate for insurance companies to give “good drivers” 20% discounts. (Some drivers also receive discounts for low mileage — it’s a form of monitoring that’s OK under Prop. 103 because miles driven is an allowed factor in rate-setting.)

“The bill creates broad liability loopholes, dilutes regulator oversight, and allows insurance companies to shift core regulatory responsibilities to unregulated third-party telematics vendors, among other concerns,” wrote Josephine Figueroa, deputy insurance commissioner and legislative director for the department, to Sen. Steve Padilla, chairperson of the Senate insurance committee, on June 20.

Figueroa wrote that the bill contains vague language about how insurance companies are supposed to do “due diligence” around third-party telematics providers, and using telematics data as part of drivers’ records. She said the insurance department has documented cases “where facially neutral criteria produce disparate impacts, such as the use of census-tract voter registration rates as a proxy for race or citizenship.”

In addition, she said “consumer savings also remain generally unproven and varied.” She cited data from the Maryland Insurance Administration, which showed that in 2023, 31% of that state’s drivers enrolled in their insurers’ telematics program saw their rates drop; 24% actually experienced an increase; and 45% saw no change in their premiums.

Maryland’s research also showed that the telematics systems collected a lot of data that included trip route, days driven, G-force, unsafe following, aggressive turning and many more driver behaviors. Most insurers outsourced the collection of that data to third parties.

California’s Senate insurance committee passed the bill four days after Figueroa’s letter.

The insurance department is meeting with McKinnor’s staff about its concerns, according to Michael Soller, spokesperson for the department. McKinnor and her staff would not answer CalMatters’ questions about the bill.

Some of the insurance department’s concerns about the legislation align with those of Consumer Watchdog.

“In California, auto insurance has to be rated in a driver's actual driving history, not the product of an unverified algorithm or (artificial intelligence) system predicting future driving,” said Carmen Balber, executive director of Consumer Watchdog, in testimony before the Senate insurance committee.

In an interview with CalMatters, Balber wondered why the legislation — a “gut-and-amend,” a bill that has been substantially reworked or rewritten, has missed the introduction deadline and is meant to be fast-tracked, often because it’s controversial — is bypassing the typical hearing process. The new language was submitted to the Senate June 10; Balber said her group had less than a week’s notice that it was coming up for discussion.

That worry, too, is in line with that of the insurance department. Figueroa wrote in her letter to Padilla that she was concerned that the bill, as gutted and amended, contains language the department had reviewed and expressed reservations about several months ago.

The list of the bill’s supporters includes insurance industry groups that have long pushed for telematics use in California. One group in particular, the Personal Insurance Federation of California, has given about $1,000 worth of dinner and travel to McKinnor several times over the past few years, according to CalMatters’ Digital Democracy database. She has also received campaign contributions from the group, as well as other insurance industry groups and employees, totaling $38,000 since 2022, state campaign finance records show.

Padilla, a Democrat from the San Diego area who chairs the Senate insurance committee, was unavailable to respond to CalMatters’ questions about the concerns the insurance department raised in the letter it sent him, spokesperson Cameron Sutherland said. Padilla also is on the Senate Standing Committee on Privacy, Digital Technologies and Consumer Protection, which passed the bill a few days after the insurance committee did and referred it to the appropriations committee.

Padilla has received about the same amount of campaign contributions from the insurance industry since 2022, according to campaign finance records.

The insurance department sent the chairperson of the privacy committee, Sen. Christopher Cabaldon, a Democrat from Napa, a similar letter with its concerns about the bill, according to Soller. Cabaldon's office did not immediately respond to CalMatters' request to talk about the letter.

Cabaldon showed strong support for the bill, saying during his committee hearing that consumers should have the choice to use their driving data how they want and that he believed in the technology’s potential. He has also received campaign contributions from the insurance industry — about $27,000 going back to when he ran for the state Assembly in 2008, campaign finance records show.

The numbers, or lack thereof

California has some of the highest rates for full auto insurance coverage in the nation, according to at least one analysis, by MarketWatch, a news publication with an arm that publishes commerce guides. Another analysis, by insurance-comparison site Insurify, says California’s car insurance rates have been rising for the past couple of years and are projected to increase 1% this year.

Maryland’s research on the effects of telematics is the first by a state insurance regulator, according to Consumer Federation of America, a national association of consumer nonprofit organizations. The group is urging other state regulators to follow suit.

“You can’t trust companies to do this without oversight,” Michael DeLong, research and advocacy associate for the group, told CalMatters. He said companies can collect a lot of information about drivers and use it to make money; an example of that is a recent settlement between the California Justice Department and General Motors, penalizing the automaker for selling driver data associated with its OnStar emergency roadside and navigation service.

DeLong said the group plans to write a letter criticizing AB 311.

At least one other independent survey, by Consumer Reports in 2024, has shown that telematics can help reduce drivers’ premiums. The survey found a median annual savings of $120 — including higher savings for Black and Latino drivers than for white and Asian drivers — but also found that some drivers’ insurance costs rose.

Consumer and privacy advocates, including ACLU California Action, Consumer Federation of California and TechEquity Action, worry that some drivers will feel like they have no choice but to give up their privacy in exchange for possibly saving money. In doing so, they could also open themselves up to bias depending on where they live, work and drive.

The bill “would authorize an opaque surveillance pricing infrastructure for a product Californians are legally required to purchase,” Becca Cramer, speaking for Privacy Rights Clearinghouse, told both the Senate insurance committee and privacy committee. “Californians have a constitutional right to privacy and not have to choose between exercising that right and affording a mandatory product.”

Cramer also cited the Consumer Reports survey and said telematics companies score drivers based on “factors that correlate strongly with race and income."

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

This story first appeared on The LA Local.

For nearly a century, MacArthur Park has been split in half by Wilshire Boulevard, but thanks to an ongoing project, that could change.

On Thursday morning, on a soccer field in MacArthur Park, Councilmember Eunisses Hernandez celebrated the end of phase one of the reconnecting MacArthur Park project, which asked over 2,500 residents how they would improve the park.

A glimpse of a possible future for the park will be visible on July 11 and 12 when the city closes the section of Wilshire Boulevard that runs through the park for Park to Park, a block party that will connect MacArthur Park to Lafayette Park.

Hernandez said the event is a pilot project with a “people centered” approach for Westlake’s future.

“For two days, Wilshire Boulevard will become something different,” Hernandez said during a press conference at the park on Thursday. “Instead of traffic, you’ll find families; instead of cars, you’ll find community; instead of just rushing through the space, you’ll have opportunity to enjoy it.”

The event will bring live music and a space for vendors to sell their goods to the green space. Other resources will include support from multiple city departments, like the Community Investment for Families Department and several nonprofits.

“When was the last time Wilshire Boulevard was closed for the community?” Hernandez told The LA Local. “This is going to be a good moment, especially for a lot of the residents in this area, where the park is their front yard and back yard.”

The event is an experiment in what it might look like to close the street and make it a space for pedestrians rather than cars, Hernandez said.

In recent months, the park has seen large-scale drug raids carried out by the US Drug Enforcement Administration, and the park and the surrounding area have seen a growing unhoused population, along with open-air drug use.

The Los Angeles Police Department said that there are more sanitation sweeps being conducted in and around the park in recent months.

The first phase of reconnecting MacArthur Park asked residents what they would like to see done to improve the park, with one option proposing to remove the stretch of Wilshire running through the park entirely and expand the green space. This option received the majority of the votes and was ultimately recommended by the report released this week.

Preliminary findings of the report were released in April and noted that the most popular option was among the most expensive and would take at least four years for construction.

Laura Rubio-Cornejo, the general manager of the Los Angeles Department of Transportation, said that if the project comes to fruition, it would be the largest pedestrianization project in Los Angeles history.

The second phase of the project will involve environmental reviews and cost estimates for each of the ideas proposed in the report. The second phase will be led by the city’s Bureau of Engineering.

“We will work together to develop design concepts and collect input from all of you throughout that process,” Crystal Lee, a city engineer with the department, said. “The city will use a final concept design to pursue additional funds and detailed architecture and engineering designs to go into construction.”

The projected timeline estimates that phase two will end in 2030. Hernandez said that community members will continue to receive updates throughout that time.

Councilmember Eunisses Hernandez on Thur. July 2 in MacArthur Park where she announced the beginning of a project to review possibly closing off Wilshire Boulevard to make the green space car-free.

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David Rendon

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The LA Local

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In the meantime, the report encouraged taking action to improve existing areas of the park, such as reopening and improving the pedestrian tunnels. It also recommended hosting events such as Park to Park to demonstrate interest in the space.

“We’re looking to secure more dollars to continue these different events; Park to Park is being funded by a Metro grant, and so we’re going to keep looking for those opportunities to bring those experiences to our neighborhood,” Hernandez said.

The report cautioned against making any significant investments to the stretch of Wilshire Boulevard, given the ultimate goal of its removal. It suggested that if anything were to be done, it should use temporary or “quick-build” materials.

The city is also planning to install fencing around MacArthur Park. The plan would add a wrought-iron fence around both halves of the park and would close the park at night, giving city employees time to clean the space overnight.

The report said that whatever happens next in MacArthur Park, the fence will need to be seriously considered. Hernandez said the fence’s future is not set in stone.

“Right now, we’re in a phase where there is a fence being talked about, being put around the park, but nothing is permanent,” she said. “If changes need to be made to make the space open for everybody, I’m sure we’re going to move in that direction.”

Hernandez said the reconnecting parks project is important because people shouldn’t have to wait for special occasions to see the park.

“MacArthur Park is a very special neighborhood, and people on the outside that are not from this area often talk about it as like the sky is falling,” she said. “We are here every day, all the time, and we’re going to continue to be here every day, all the time, for this neighborhood. Because our people deserve it.”

Most of Southern California is under heat advisories or extreme heat warnings as temperatures reach the 90s, and even over 100 degrees in some places.

For L.A. and Orange County beaches, temperatures are going to reach from the low-70s to low-80s and rise to the mid-80s to low-90s for the inland coast.

Valley communities will see highs from 89 to 97 degrees, and between 94 and 105 degrees more inland including the Inland Empire.

In the mountains (below 6,000 feet), temperatures will also reach the mid-80s and low-90s.

In Coachella Valley, temperatures are expected to reach 111 to 116 degrees, while in the Antelope Valley expect the warmest areas to reach 107 degrees.

Need a place to get out of the heat?

You can find cooling centers via the following links:

• L.A. County
• Orange County
• San Bernardino County
• Riverside County

“The Pitt” is the leading nominee at the upcoming Emmy Awards, with numerous actors who play doctors on the drama series snagging nominations.

“Hacks,” another HBO series, got the second most nominations when the Emmy nominations were announced Wednesday in Los Angeles.

On Tuesday, NBC announced that “Law & Order: Special Victims Unit” star Mariska Hargitay will host the Sept. 14 ceremony.

Drama series

“The Diplomat”; “The Gilded Age”; “A Knight of the Seven Kingdoms”; “Paradise”; “The Pitt”; “Pluribus”; “Slow Horses”; “Your Friends & Neighbors”

Comedy series

“Abbott Elementary”; “The Bear”; “Hacks”; “Margo’s Got Money Troubles”; “Nobody Wants This”; “Only Murders in the Building”; “Shrinking”; “Widow’s Bay”

Limited series, anthology series or movie

“All Her Fault”; “The Beast in Me”; “Beef”; “DTF St. Louis”; “Love Story: John F. Kennedy Jr. & Carolyn Bessette”

Drama actor

Sterling K. Brown, “Paradise”; Gary Oldman, “Slow Horses”; Mark Ruffalo, “Task”; Rufus Sewell, “The Diplomat”; Noah Wyle, “The Pitt”

Drama actress

Carrie Coon, “The Gilded Age”; Chase Infiniti, “The Testaments”; Keri Russell, “The Diplomat”; Rhea Seehorn, “Pluribus”; Zendaya, “Euphoria”