Albert Gidari is the Director of Privacy at the Stanford Center for Internet and Society. He was a partner for over 20 years at Perkins Coie LLP, achieving a top-ranking in privacy law by Chambers. He negotiated the first-ever "privacy by design" consent decree with the Federal Trade Commission on behalf of Google, which required the establishment of a comprehensive privacy program including third party compliance audits. Mr. Gidari is a recognized expert on electronic surveillance law; and, long an advocate for greater transparency in government demands for user data, he brought the first public lawsuit before the Foreign Intelligence Surveillance Court, seeking the right of providers to disclose the volume of national security demands received. Mr. Gidari earned an LLM from University of Washington School of Law, his law degree from George Mason University School of Law, and his undergraduate degree from Tulane University.
Hi Res Photo of Albert Gidari
An enormous amount of attention has been paid to the oral argument before the Supreme Court in Carpenter v. United States. The transcript provides tantalizing tea leaves as to whether the Court will find a protectable right to privacy in a cell phone subscriber’s location and many pundits seem to think the day went to Carpenter while I haven’t heard anyone touting a government homerun.
Last month, the Supreme Court of California may have decided the future of the public's access to "smart city" data without knowing it. In ACLU v Los Angeles Police Department, the court accepted that raw data collected by Los Angeles police and sheriff departments, using automated licence plate readers (ALPRs), constituted a public record subject to disclosure under California's Public Records Act (CPRA) absent an exemption. The court held that the catch-all disclosure exemption in the CPRA applied, which requires balancing the public interest in preventing disclosure where certain harms can be identified against the public interest served by disclosure such as furthering the public's understanding of the privacy risks of the ALPR program.
If your cell phone is on, your location is known, tracked and recorded, whether you are in your home or in public. As you move around, your location history is created and stored by the carrier, numerous applications on the device, and potentially even the manufacturer of the device or operating system provider. Your consent to capture this information, whether rough location or very granular, may be tacit, inherent in the application’s usage, or freely given when you activate, install or operate the device.
The House Judiciary Committee held a hearing yesterday on cross-border data requests, featuring testimony from the Department of Justice, the U.K. government, Google, the Center for Democracy and Technology, state law enforcement, and Professor Andrew Woods. Everyone recognizes the problem: law enforcement outside the U.S. can’t get data for their legitimate investigations from U.S.
No one wants to live in a “dumb” city. But I question whether anyone ought to want to live in a really smart city either. I’d prefer to just live in a smarter city -- one that puts my privacy and security first before rolling out ubiquitous sensors and broad-scale data collection in the name of some larger public good.
"There is an ongoing debate over the role of WikiLeaks, which claims to refrain from taking political positions on the information it gathers, noted Albert Gidari, director of privacy at The Center for Internet and Society at Stanford Law School.
One argument is that any culpability for harm resulting from the release of private information lies with the governments and private organizations that collect the data in the first place.
"“It is perfectly legal to do so,” said Albert Gidari, director of privacy at the Center for Internet & Society at Stanford Law School.
“That you may betray your friends' privacy in doing so is a matter of your ethics, not the site's," Gidari told ABC News. "Do people stop and think about this? Of course not!”"
"Albert Gidari, a former leading privacy lawyer who now serves as director of privacy at Stanford Law School's Center for Internet and Society, was first to notice a difference in the numbers. In the previous 2014 wiretap report, he noticed a twofold inconsistency between what the courts reported and what the cell giants reported.
"“Here we have a long history of taking fingerprints off glasses, taking pictures of people and doing facial recognition, taking hair samples. If we’re not extracting something from the individual themselves, it’s going to be tough to argue it’s improper,” said Albert Gidari, director of privacy at Stanford Law School’s Center for Internet & Society.
That said, law enforcement would still need to follow procedure and seek a warrant to search the device.
For Gidari, this case raises questions about the widespread collection of biometric data.
"“There doesn’t seem to be any limit to what can be captured and what can be shared,” said Albert Gidari, director of privacy at Stanford Law School’s Center for Internet & Society. “There’s a lot of good that can come of that, and a lot of bad.”"
The Center for Internet and Society (CIS) is a public interest technology law and policy program at Stanford Law School and a part of Law, Science and Technology Program at Stanford Law School. CIS brings together scholars, academics, legislators, students, programmers, security researchers, and scientists to study the interaction of new technologies and the law and to examine how the synergy between the two can either promote or harm public goods like free speech, innovation, privacy, public commons, diversity, and scientific inquiry.
To celebrate the one-year anniversary of the Stanford Cryptography Policy Project, we are holding an afternoon event highlighting our research and accomplishments over the past year. As our keynote speakers, it is our pleasure to welcome the Honorable Stephen W. Smith, Magistrate Judge of the Southern District of Texas, and Paul S. Grewal, former Magistrate Judge of the Northern District of California.
After a lengthy legislative process, the GDPR is finally ready. As the most significant overhaul of data privacy laws in Europe in twenty years, it will have a profound impact on Silicon Valley technology companies offering online services in Europe. The recently announced Privacy Shield will affect most US organisations that receive personal information from Europe.