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.
""The whole point of a smart city is that everything that can be collected will be collected," says Al Gidari, the director of privacy at Stanford University's Center for Internet and Society in California. He argues that if smart cities wanted to give people more control over their privacy, by default they wouldn't collect any data. Instead, current proposals tend to put limits on the use of data only "after it's already been collected and the damage is done," Gidari says."
"“I think it is fair to say that the vote is significant for the future because it shows that Congress intends to ensure continued access to communications and data and will continue to accept the model of collection with procedural safeguards over access,” Albert Gidari, Director of Privacy at Stanford Law School’s Center for Internet & Society, told Futurism."
" I pose the question to Stanford’s Gidari: Would you use this app in a crisis? He doesn’t take long to answer in the negative.
“This is a poor substitute for street smarts,” he says. “When the police car is running in one direction, you should run in the other. Do you need to hear more than one gunshot to know you should get the hell out?”"
"Richard Forno, assistant director of the UMBC Center for Cyber Security, noted that researchers have found many companies that use technology like NaviStone's but don't disclose it in their privacy policies.
"It's not surprising that companies are probably violating their own policies because of this," he said. "But then again, who reads the privacy policies? ... People don't even know what privacy policies are sometimes."
"Albert Gidari, the director of privacy for the Center for Internet & Society at Stanford Law School, agreed that most of the bank's efforts with geolocation are “innocuous.”
But he added that the always-on function seems excessive. After all, is calling your bank to tell them you're traveling that much of an inconvenience?
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.