Riana Pfefferkorn is the Associate Director of Surveillance and Cybersecurity at the Stanford Center for Internet and Society. Her work, made possible through funding from the Stanford Cyber Initiative, focuses on investigating and analyzing the U.S. government's policy and practices for forcing decryption and/or influencing crypto-related design of online platforms and services, devices, and products, both via technical means and through the courts and legislatures. Riana also researches the benefits and detriments of strong encryption on free expression, political engagement, economic development, and other public interests.
Prior to joining Stanford, Riana was an associate in the Internet Strategy & Litigation group at the law firm of Wilson Sonsini Goodrich & Rosati, where she worked on litigation and counseling matters involving online privacy, Internet intermediary liability, consumer protection, copyright, trademark, and trade secrets and was actively involved in the firm's pro bono program. Before that, Riana clerked for the Honorable Bruce J. McGiverin of the U.S. District Court for the District of Puerto Rico. She also interned during law school for the Honorable Stephen Reinhardt of the U.S. Court of Appeals for the Ninth Circuit. Riana earned her law degree from the University of Washington School of Law and her undergraduate degree from Whitman College.
High Res Photo of Riana Pfefferkorn
In September 2016, my colleague Jennifer Granick (now at the ACLU) and I filed a petition in the federal district court for the Northern District of California that sought to unseal years' worth of sealed surveillance matters filed in that court. It is well-established that the public and the press have First Amendment and common-law rights to access court records.
Encryption helps human rights workers, activists, journalists, financial institutions, innovative businesses, and governments protect the confidentiality, integrity, and economic value of their activities. However, strong encryption may mean that governments cannot make sense of data they would otherwise be able to lawfully access in a criminal or intelligence investigation.
Arguing that if the court should not compel Apple to create software to enable unlocking and search of the San Bernardino shooter’s iPhone, it will jeopardize digital and personal security more generally.
Objections to Magistrate Judge's Report and Recommendation to deny the Petition, plus supporting documents (supporting declaration of Jennifer Granick, administrative motion, proposed orders).
Motion to unseal the docket and court's legal reasoning in a sealed case wherein the Department of Justice allegedly sought to compel Facebook to comply with a wiretap order for Facebook's end-to-end encrypted voice calling app, Messenger.
Letter to Australia's Parliamentary Joint Committee on Intelligence and Security (PJCIS) regarding a proposed "compromise" version of the Assistance and Access Bill.
Supplemental comments submitted to Australia's Parliamentary Joint Committee on Intelligence and Security (PJCIS) on the revised draft (20 September 2018 version) of the Telecommunication & Other Legislation Amendment (Assistance & Access) Bill 2018, in advance of testimony during the PJCIS's 16 November 2018 hearing on the Bill.
Comments submitted to the Parliamentary Joint Committee on Intelligence and Security (PJCIS) of the Australian Parliament on the revised draft (20 September 2018 version) of the Telecommunication & Other Legislation Amendment (Assistance & Access) Bill 2018.
"Riana Pfefferkorn, cryptography fellow at the Stanford Center for Internet and Society, said the issue could be resolved by Congress first with the decision on "a pending change to Rule 41 of the Federal Rules of Criminal Procedure, which governs the issuance of search and seizure warrants by federal judges."
""Building secure software is a highly challenging task, even for a world-class team such as Apple's," Riana Pfefferkorn, Cryptography Fellow at the Stanford Center for Internet and Society, told CPJ via Twitter. Government attempts to undermine security for law enforcement purposes only make the problem worse., she said.
"The Stanford Center for Internet and Society's Jennifer Granick, director of civil liberties, and Riana Pfefferkorn, cryptography fellow, said at Black Hat 2016 that companies are often under no legal obligation to comply with law enforcement data requests, because data requests are not orders and even court orders are not the law.
"“If you’re ever asked to do something like this, you have a lot of strong legal arguments to say no,” said Jennifer Granick, the Director of Civil Liberties at the Stanford Center for Internet and Society in a Black Hat talk on Thursday. Granick and her Stanford colleague Riana Pfefferkorn, a Cryptography Fellow, ran down relevant laws and what’s currently known about their parameters and limits. They suggested that companies should plan ahead and assume that law enforcement agencies will eventually send them some kind of technical request—if they haven’t already.
"In a session at the Black Hat conference in Las Vegas, Stanford Center for Internet and Society director of Civil Liberties Jennifer Granick and Cryptography Fellow Riana Pfefferkorn, acknowledged that there is more information about us than ever before, with sensors both on and offline. All encryption is doing, they said, is removing a fraction of law enforcement.
Advanced technologies are revolutionizing how the government investigates, charges and prosecutes criminal cases—and defense attorneys must keep pace. Even small police departments can purchase powerful surveillance technologies, and internet companies collect vast troves of data on virtually everyone. This two-day CLE conference will discuss the government's use of technologically advanced investigative techniques in criminal cases, and the issues raised by those techniques under the Fourth Amendment and other federal law.
New software tools use artificial intelligence to create realistic-looking but fake videos of real people seeming to say and do things they never did. These so-called "deepfakes" will soon cause a number of problems for the courts, particularly when it comes to authenticating evidence in litigation. They may even undermine the justice system by eroding juries' belief in the knowability of what is real. Come discuss the implications of deepfakes for trial practice with CIS Associate Director of Surveillance and Cybersecurity Riana Pfefferkorn.
Since its start in 2001, the SF ISACA Fall Conference continues to be the premier education event for information technology audit, security, governance, risk and compliance professionals in Northern California. The SF ISACA Fall conference features five tracks packed with top flight speakers and cutting edge topics. CIS's Riana Pfefferkorn and Ryan Singel will be speaking at the event.
For more information visit the conference website.
Widespread availability of advanced encryption technology has improved security for consumers and businesses. But as digital products and services have become more secure, some in the law enforcement and intelligence communities have voiced concerns that encryption inhibits their ability to prevent terrorism and prosecute crimes. For example, the Department of Justice is exploring a potential legal mandate requiring companies to design their technologies to allow law enforcement to access consumer data during criminal investigations.
We're yet to see the details of the deal between the Government and Labor which would allow the passage of laws to give police and investigators access to encrypted messages.
That leaves one more day in this sitting of Parliament to get the laws through, after the Government claimed there was an urgent need to do so before Christmas.
Riana Pfefferkorn is a digital security expert and Cryptography Fellow at the Stanford Center for Internet and Society. She says that we are living in the “Golden Age of Surveillance,” in which the growing ubiquity of data-rich smart devices has produced a fundamental tension between the rights of users to protect their personal data and the needs of law enforcement to investigate or prevent serious crimes.
Cryptography Fellow Riana Pfefferkorn was a guest on the WashingTech Policy Podcast with Joseph Miller.