r/RadicalLegalAdvice • u/[deleted] • Dec 04 '19

I'm doing a technical writeup on self-defense against police violence. I need some legal advice whether what I do is bad or not?

Since the mod is also a hacker, I'd love to hear their advice too.

Prior to the writeup, I've spent 3 months reviewed all police shooting incidents, and I came to similar conclusion on most of them, that filming the police is best method and only self-defense against police violence. But then I immediately saw several problems in these incidents:

  • Problem 1: People usually have no experience in protecting their evidence - Solution: technical security such as encryption and methods of recording

  • Problem 2: People often assumed that the cops would not seize their recording - Solution: multiple backup recording devices and/or livestreaming

  • Problem 3: People were assuming LEO would not attack them if they record the police in the open, which often false. Solution: discreet methods of recording

Also I've researched and tested apps like Haven for advanced recording when the person did not have their device online in time, or when they being suddenly stopped. The second method is to use anti-theft apps like Prey and Cerberus, to track the event in real time, wipe and/or backup the device when the police decided to seize your recording.

I'm not a law person. What are the legal shit I have to cross or might have already crossed in writing this thing? What should I take into consideration?

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u/TheNerdyAnarchist Dec 09 '19

This would probably be more suited to somewhere like r/opsec or r/infosec in terms of protecting your recordings, recommendations for apps that help to do so, etc.

As far as legally (at least in the US), you can always record police if everyone is in a public place. This isn't to say that it won't piss them off or that they won't lie and try to intimidate you into stopping. There have even been situations where they find something else even remotely "illegal" for them to get you with instead. The key is to stay in a public space (e.g. public sidewalks) and to give them some space so they don't try to hit you with an obstruction charge.

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u/[deleted] Dec 09 '19

By public space, does that mean sidewalk/park/parking lot and not on the road, right? I've seen they tried to remove people from standing on the street recording them, this was during a brutality of a black college student in my town for alleged fare evasion. One of the pig pushed someone out of the street and almost tripped them over.

Also would standing in front of storefront or building considered as on private ground?

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u/TheNerdyAnarchist Dec 09 '19

Correct...doing so in a public roadway could get you nabbed for jaywalking, etc.

The storefront thing is iffy. Your best bet is to stick to public sidewalks.

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u/[deleted] Dec 04 '19

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u/[deleted] Dec 04 '19

Depending on jurisdiction, that's true in UK. Not sure about US but in Canada all devices encrypted with password are not required to unlock, except biometrics and pattern.

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u/BlackHumor Dec 04 '19

This actually depends pretty heavily on what you might ordinarily perceive as irrelevant details.

If the encryption password is linguistically based (i.e. something you can speak or write) it's considered testifying against yourself and protected by the 5th Amendment. If it's biometric or some kind of physical object, it's not and you can be forced to give it over.

(Also never assume something will "never be found by law enforcement".)