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Jennifer Granick's blog

Reflections on the FBI's Attempt to Dragoon Apple Into Subverting iPhone Security

On Monday, I wrote a post for Just Security where I reflected on last week's news concerning the FBI's attempts to coerce Apple into creating a forensic bypass to the iPhone passcode lockout. I wrote that we live in a software-defined world. In 2000, Lawrence Lessig wrote that Code is Law — the software and hardware that comprise cyberspace are powerful regulators that can either protect or threaten liberty. A few years ago, Mark Andreessen wrote that software was eating the world, pointing to a trend that is hockey sticking today. Software is redefining everything, even national defense. Read more about Reflections on the FBI's Attempt to Dragoon Apple Into Subverting iPhone Security

Things We STILL Need To Know About Domestic Spying

In two years, section 702 of the FISA Amendments Act will expire. It is essential the public to have confidence that any reforms to section 702 will actually address problems with PRISM and Upstream surveillance. To get that confidence, we have to know a lot more about how the intelligence community is using section 702. That understanding requires more investigation. Read more about Things We STILL Need To Know About Domestic Spying

Technologists oppose CISA/information sharing bills

Today we sent a letter to lawmakers expressing security experts' opposition to the Cybersecurity Information Sharing Act (CISA) as well as two other pending bills that purport to be about security information sharing, the Protecting Cyber Networks Act (PCNA), and the National Cybersecurity Protection Advancement Act of 2015. These experts agree that the information sharing bills unnecessarily waive privacy rights because they focus on sharing information beyond that needed for cybersecurity. Read more about Technologists oppose CISA/information sharing bills

Which Cyberthreat Information Sharing Proposal You Should Support? (Hint: None)

It’s the season for “cyberthreat” information sharing proposals. There’s the White House plan, announced in January. There’s the Cybersecurity Information Sharing Act, or CISA, which passed out of the Senate Intelligence Committee on a 14-1 vote earlier this month. Read more about Which Cyberthreat Information Sharing Proposal You Should Support? (Hint: None)

FISC OKs Section 215 Investigations of Americans, Despite First Amendment

The Foreign Intelligence Surveillance Court declassified an opinion today which, although highly redacted, illuminates the way at least one Judge is interpreting his mandate to protect the First Amendment activities of Americans who the FBI seeks to investigate under USA PATRIOT Act Section 215, codified at 50 USC 1861.
 

FISC OKs Section 215 Investigations of Americans, Despite First Amendment

The Foreign Intelligence Surveillance Court declassified an opinion today which, although highly redacted, illuminates the way at least one Judge is interpreting his mandate to protect the First Amendment activities of Americans who the FBI seeks to investigate under USA PATRIOT Act Section 215, codified at 50 USC 1861.
 

Does the NSA minimize Americans metadata?

Today’s reporting by the Intercept calls into question whether the NSA minimizes so-called metadata relating to Americans’ digital communications and telephone calls. This is one of the questions I implored the Privacy and Civil Liberties Oversight Board (PCLOB) to get to the bottom of. It is a question that PCLOB Chairman David Medine thought the Board had a definitive—affirmative--answer to. But today’s story shows doubt still plagues our understanding of how the NSA’s information collection affects American privacy.  Read more about Does the NSA minimize Americans metadata?

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