Jennifer Granick is the Director of Civil Liberties at the Stanford Center for Internet and Society. Jennifer returns to Stanford after working with the internet boutique firm of Zwillgen PLLC. Before that, she was the Civil Liberties Director at the Electronic Frontier Foundation. Jennifer practices, speaks and writes about computer crime and security, electronic surveillance, consumer privacy, data protection, copyright, trademark and the Digital Millennium Copyright Act. From 2001 to 2007, Jennifer was Executive Director of CIS and taught Cyberlaw, Computer Crime Law, Internet intermediary liability, and Internet law and policy. Before teaching at Stanford, Jennifer spent almost a decade practicing criminal defense law in California. She was selected by Information Security magazine in 2003 as one of 20 "Women of Vision" in the computer security field. She earned her law degree from University of California, Hastings College of the Law and her undergraduate degree from the New College of the University of South Florida.
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When should courts follow legal precedent and when should the law change? This is a debate that underlies this month’s contrary decisions about the constitutionality of government collection of telephone call metadata under section 215 of the USA PATRIOT Act. And despite this week’s dual holdings in favor of the government—on this issue and on the issue of laptop border searches—a judicial consensus may be emerging that the Fourth Amendment must evolve along with technology and government surveillance capabilities. Read more » about Prediction for 2014: The Fourth Amendment Evolves to Regulate Mass Surveillance
Yesterday, I wrote that the report from the President’s Review Group on Intelligence and Communications Technologies--"Liberty And Security In A Changing World”—suggests reforms that would improve U.S. surveillance law’s protection of the rights of foreigners. My non US-person friends seem underwhelmed, so I thought I’d take a moment to elaborate on the changes I’m talking about. Read More.
Read more » about Foreigners and the Review Group Report: Part 2
Today’s report from the President’s Review Group on Intelligence and Communications Technologies–”Liberty And Security In A Changing World”—is impressive in a number of ways. Importantly, it pushes consideration of the privacy and civil liberties rights of non-U.S. persons into the policy debate. Old-school national security wonks commonly express distain for the idea that the U.S. Read more » about President's Review Board Says Protect Thy Neighbor’s Privacy
Today, the federal District Court for the District of Columbia held that the NSA's bulk telephone metadata collection program under the USA PATRIOT Act violates the 4th Amendment. This is a tremendously important ruling--the first time a public court has had the chance to rule on programs revealed by former NSA contractor Edward Snowden. Given the program's constitutional infirmities, it is more important than ever that Congress end this misuse of the USA PATRIOT Act. However, Deputy Attorney General James Cole testified earlier this week before the Senate Judiciary Committee that the NSA might continue its bulk collection of nearly all domestic phone call records, even if Congress does just that. The USA FREEDOM ACT has bipartisan sponsorship from dozens of lawmakers, all of whom agree that the core purpose of the bill is to end NSA dragnet collection of Americans’ communication data. Yet, Cole said that the reform legislation wouldn’t necessarily inhibit the NSA’s surveillance capabilities because “it’s going to depend on how the court interprets any number of the provisions that are in [the legislation].” Comments like this betray a serious problem inside the Executive Branch. The Administration and the intelligence community believe they can do whatever they want, regardless of the laws Congress passes, so long they can convince one of the judges appointed to the secretive Foreign Intelligence Surveillance Court (FISC) to agree. This isn’t the rule of law. This is a coup d’etat. Read more. Read more » about A Common Law Coup d'Etat: How NSA's Creative Interpretations Of Law Subvert Congress And The Rule of Law
After the Estate of James Joyce refused to allow a scholar to quote Joyce in her book, we successfully defended her right under the fair use doctrine to use the quotes she needed to illustrate her scholarship. After we prevailed in the case, the Estate paid $240,000 of our client’s legal fees. Read more » about Shloss v. Estate of Joyce
In this case, two archives challenged statutes that extended copyright terms unconditionally—the Copyright Renewal Act and the Copyright Term Extension Act (CTEA)—as unconstitutional under Copyright Clause and the First Amendment. Read more » about Kahle v. Gonzales
"“Some of the most disturbing revelations that came out over the last few months were the ones surrounding the NSA's attempts to weaken or circumvent encryption protocols,” Brian Pascal, a research fellow at the University of California Hastings Law School, told Ars."
“The measures President Obama laid out are not enough,” Jennifer Granick, the director of Civil Liberties at the Stanford Center for Internet and Society, told Ars by e-mail." Read more » about Obama lays down new limits on NSA, with more reforms to come
"GREENE: So make the case for me, if you can, that Edward Snowden deserves some kind of clemency.
GRANICK: Well, we would not know what our government is doing, we would not know the extent to which they spy on us, were it not for Edward Snowden. There were whistleblowers before him about the NSA, but the documents that Snowden took proved the truth of what those whistleblowers and what Edward Snowden was saying. And only because we have those documents, our government has had to come clean about its practices." Read more » about Why One Expert Says Edward Snowden Deserves Clemency
Listen to the full radio interview at NPR Morning Edition.
"JOHNSON: For experts who have followed surveillance for years, the sheer number of phone calls and e-mails the U.S. has gathered means it's almost impossible to police such a secret organization. Jennifer Granick is director of civil liberties at the Stanford Law School Center for the Internet and Society. Read more » about Why FISA Court Judges Rule The Way They Do
"Although she spent several years as a criminal defense attorney, defending “all kinds” of interesting characters, Jennifer Stisa Granick, the director of civil liberties at the Stanford Center for Internet and Society (CIS), says her current role is the most exciting she has ever had." Read more » about Civil liberties lawyer arguing against the NSA spying programs
""The fact they decided to say something is important. If they're serious about it, they can make a difference," said Jennifer Stisa Granick, director of civil liberties at Stanford's Center for Internet and Society, who noted that tech companies played a significant role in fighting a controversial online piracy bill last year." Read more » about Google, Apple, Facebook and Yahoo join call to rein in government surveillance programs
Jennifer Granick, CIS Director of Civil Liberties will be a speaker at World Affairs 2014.
“The best venue for a timely, honest discussion about our world and where it is going.”
WorldAffairs offers fresh insights and new perspectives on current global topics. This year's program will spotlight the critical issues and countries poised to impact our world and affect our decision making. Read more » about World Affairs 2014
RSVP for the event here: https://www.facebook.com/events/520390394700141/
Come out to rally for your privacy and learn about surveillance from a distinguished group of speakers this Sunday afternoon at Embarcadero Plaza! Read more » about Rally for Privacy Awareness - "1984" on 8/4 - Restore the Fourth SF
This Conference is cordially hosted by Stanford Law School and Peking University, and is sponsored by Tencent, China’s largest Internet company and one of the largest worldwide, and Microsoft, the largest software maker in the world. The main organizers include the China Guiding Cases Project, the Stanford Program in Law, Science, & Technology, the China Law and Policy Association, and the Stanford Law School Programs. Read more » about 2013 Stanford University-Peking University Internet Law and Public Policy Conference
Three dimensional printing turns bits into atoms. The technology is simply amazing. These machines draw on programming, art and engineering to enable people to design and build intricate, beautiful, functional jewelry, machine parts, toys and even shoes. In the commercial sector, 3D printing can revolutionize supply chains as well. As the public interest group Public Knowledge wrote once, "It will be awesome if they don't screw it up."
Read more » about 3D Printing: Is the Law Ready for the Future?
Jennifer Granick appears at 46:44.
Ask Americans what the Constitution’s most important feature is, and most will say it’s the guarantees of liberty enshrined in the Bill of Rights, the first ten amendments of the Constitution.
Americans are fiercely proud of their freedoms but they continue to argue about what those basic rights are and how they can be sustained in a changing world. Are our rights unchangeable, or should they evolve over time? What is the proper role for the courts in interpreting rights? Read more » about Constitution USA with Peter Sagal - Episode II - It’s A Free Country
Have you ever borrowed a smartphone without asking? Modified a URL? Scraped a website? Called an undocumented API? Congratulations: you might have violated federal law! A 1986 statute, the Computer Fraud and Abuse Act (CFAA), provides both civil and criminal remedies for mere "unauthorized" access to a computer. Read more » about Innovation or Exploitation (Video)
Have you ever borrowed a smartphone without asking? Modified a URL? Scraped a website? Called an undocumented API? Congratulations: you might have violated federal law! A 1986 statute, the Computer Fraud and Abuse Act (CFAA), provides both civil and criminal remedies for mere "unauthorized" access to a computer. Read more » about Innovation or Exploitation? (Audio)