Upturn & S.T.O.P. Sue NYPD For Cell Phone Search Records

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View this email in your browser For Immediate Release Upturn & S.T.O.P. Sue NYPD for Cell Phone Search Records   [NEW YORK, NY, 1/3/2020] -- Today, Upturn, a Washington, D.C.-based civil rights and technology nonprofit, and the Surveillance Technology Oversight Project (S.T.O.P.), a New York-based privacy group, and Shearman & Sterling, a leading international law firm, announced the filing of a lawsuit against the NYPD for refusing to disclose records on searches of New Yorkers’ cell phones. The lawsuit was filed in New York State Supreme Court on December 23rd, more than 10 months after the NYPD first received Upturn’s Freedom of Information Law (FOIL) request.   Upturn originally requested the NYPD records on February 13th, 2019, as part of a nationwide evaluation of how law enforcement agencies use and misuse mobile device forensic tools (MDFTs), powerful devices that can decrypt and download all the information on a target’s cell phone. Numerous law enforcement agencies complied with Upturn’s requests, including the Manhattan District Attorney’s office, but the NYPD refused to provide any records. Shearman & Sterling is working with Upturn and S.T.O.P. on a pro bono basis.   SEE: Lawsuit https://www.stopspying.org/s/Filed_Petition.pdf   Background on Litigation https://www.stopspying.org/nypd-cell-phone-searches   “New Yorkers deserve to know how the NYPD monitors our cell phones,” said Surveillance Technology Oversight Project Executive Director Albert Fox Cahn. “Just as importantly, we have to show the NYPD that they are not above our Freedom of Information Laws. Transparency is a crucial check on the government, and if it takes a lawsuit to make the NYPD follow the law, something is deeply wrong with the department. If police departments across the country can provide this information, there’s no reason why the NYPD can’t do the same.”   “We believe that the NYPD potentially performs thousands of digital searches of mobile phones each year,” said Upturn Senior Policy Analyst Logan Koepke. “Despite the invasive nature of these searches, the public knows little about the NYPD’s forensic capabilities and whether there are policy safeguards in place to protect the civil rights of New York residents. That’s why Upturn, represented by Shearman & Sterling LLP and the Surveillance Technology Oversight Project (S.T.O.P), is suing the NYPD for records detailing its use of mobile device forensic technologies.”   “Shearman & Sterling is privileged to assist Upturn with this matter,” said Shearman & Sterling Partner John Nathanson. “Mobile device forensic technology is a vitally important issue in data privacy law. Transparency from law enforcement regarding the use of such technology will facilitate open discourse and sound public policy.”   In 2019, Upturn sent more than 100 public records requests to law enforcement agencies across the country, seeking information about their MDFTs. The records obtained so far show the prevalence and invasiveness of cell phone searches. Despite denying Upturn’s records request, the NYPD has publicly admitted that it extensively uses MDFTs.   The Surveillance Technology Oversight Project is a non-profit advocacy organization and legal services provider hosted by the Urban Justice Center. S.T.O.P. litigates and advocates for privacy, fighting excessive local and state-level surveillance. Our work highlights the discriminatory impact of surveillance on Muslim Americans, immigrants, and communities of color.   Upturn is a DC-based nonprofit organization whose mission is to advance equity and justice in the design, governance, and use of technology. Our research and advocacy combine technical fluency and creative policy thinking to confront patterns of inequity, especially those rooted in race and poverty.   - END –   CONTACT: S.T.O.P. Executive Director Albert Fox Cahn;Upturn Senior Policy Analyst Logan Koepke.   Copyright © 2019 Surveillance Technology Oversight Project, All rights reserved. Share Tweet Forward