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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A North Carolina group is launching a new campaign to emphasize the importance of investing in people behind bars, so they'll have a better chance for normal lives when they're released.

The "Incarcerated Lives Matter" campaign is from Recidivism Reduction Education Programs Services, which advocates for programs like work release, vocational training and cognitive behavioral therapy as key tools for rehabilitation.

Kerwin Pittman, executive director of the group, said the goal is to challenge the belief harsher penalties create safer communities.

"It just won't work," Pittman asserted. "Dispelling that narrative that 'locking them up and throwing away the key' is the way to combat or the way to have public safety, it's not. It's investing in incarcerated people."

A study by The Sentencing Project confirms "tough-on-crime" laws like mandatory minimum sentences often cause more harm than good, and offer no significant benefit to reducing crime. To spread its message, the campaign has placed a billboard near Johnston Correctional Institution, which reads, "Incarcerated Lives Matter. We see you. We care."

The campaign also highlighted two major obstacles faced by people when they are released from prison: economic instability and the lack of housing. Pittman explained helping them get training and find meaningful work is crucial for their successful reintegration into society. He noted one priority is to revitalize work-release programs that have suffered since the pandemic.

"Since COVID happened, everybody had to stay home," Pittman recounted. "A lot of jobs that individuals were able to have while incarcerated, they lost. And those jobs, frankly, just never bounced back. And so, what we have to do now is go out and identify 'second chance' employers across the state, and match them with individuals who are incarcerated but who are eligible for work-release."

Pittman stressed work-release programs, coupled with vocational training, are keys to empowering people to earn a livable wage and stay employed after release. The campaign also plans to help people gain certifications to open doors to stable careers, making reintegration smoother and reducing the likelihood of reoffending.

A man who once faced the harsh realities of Alabama's criminal justice system is now working to ensure others in Mobile County do not have to endure the same struggles.

Chris "Champ" Napier, client advocate for the Mobile County Public Defender's Office, said before becoming an advocate he experienced firsthand the inequities between those who have money and those who do not. He pointed out in the legal system, a lack of financial resources significantly affected the outcome of his case.

"It's based on socioeconomic background," Napier explained. "I'm from a poverty-stricken area; I couldn't afford an attorney. So, the person that was sentenced the same day I was sentenced, because his family had money, he had a similar crime ... I was sentenced to life. He was sentenced to 20 years."

Napier said his personal journey fuels his commitment to leveling the playing field for people who cannot afford a private attorney. In Alabama, 59 of the state's 67 counties rely on court-appointed private attorneys or flat-fee contract lawyers to represent those who cannot pay for legal counsel, rather than having a public defender's office. Napier argued the system leaves many low-income defendants at a disadvantage.

While incarcerated, Napier noted he witnessed how systemic inequalities continued behind bars. He explained one example is the exploitation of prison labor.

"They have factories in prison where they pay the inmates 30 cents an hour but once those inmates are released, they can't get a job at those facilities," Napier observed. "It's really another form of economic exploitation."

Napier emphasized the disparities only deepened his resolve to educate himself while incarcerated. After 14 years in prison, he was paroled. Now, he works to build trust between the office and the community it serves.

"I get to go to the jails and talk to our clients on a one-on-one basis and use my experience -- my pain and my expertise -- to show them that change is possible," Napier stressed. "To show them that they can trust the attorneys in our office."

The Mobile County Public Defenders Office was created four years ago, in response to calls from organizations like Faith in Action Alabama, which recognized the urgent need for a public defender system to serve the most vulnerable in the community.

A new report found Muslim students in New York City public schools face high levels of discrimination in school.

The report from the Council on American Islamic Relations-New York showed close to 60% of students surveyed were bullied by another student for being Muslim. Almost half reported having their hijab tugged, pulled or offensively touched by another student. Most felt reporting such incidents will not make a difference.

Sarah Shahlan, research project coordinator for the council, said it has only escalated since the war in Gaza began last year.

"A lot of incidents were being reported to CAIR New York from students in schools about repression and being suspended and having disciplinary action against themselves," Shahlan reported. "It's simply because of expressing their views."

She added students also face bullying because they physically look Muslim. The report's recommendations included creating anti-bullying policies and developing a task force for Islamophobia to understand the challenges Muslim students face. Shalan acknowledged some challenges to put them into action are if schools are willing to take them seriously and if schools have resources to do them.

Muslim students are not just facing bullying from their peers, as 29% of students reported a school faculty member made offensive comments or acted offensively toward Muslims.

Shahlan noted the report outlined why the incidents often go unreported.

"A lot of the students don't feel that it's necessary to report these incidents or that they don't feel comfortable reporting to an adult at school," Shahlan outlined. "One of the key findings was that over 70% of the students didn't report to adults at school."

She wants state policymakers to understand the takeaways in the report are a small part of a much broader issue Muslims face. During the previous legislative session, New York state lawmakers introduced legislation designed to curb discrimination and harassment in schools. One bill called for creating an educational program to prevent discrimination based on race, religion, sexual orientation, gender identity or gender expression but it failed in committee.


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