High Res Photo of Jennifer Granick
Photo credit: Michael Sugrue
Last Friday, a New York federal judge joined in the contentious current debate over whether tech companies should be forced to provide law enforcement the ability to decipher encrypted data stored on smartphones and in the cloud.
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.
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.
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 a defendant’s conviction for website hacking should be overturned because legitimate, highly valuable security and privacy research commonly employs techniques that are essentially identical to what the defendant did and that such independent research is of great value to academics, government regulators and the public even when – often especially when — conducted without a website owner’s permission.
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.
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.
Last week, the Justice Department filed criminal charges against a North Korean operative for a malware attack that endangered hospital systems and crippled the computers of businesses, governments, and individuals around the world. Americans might be surprised to learn that the software used for this 2017 attack — known as “WannaCry” — was based on a hacking tool created by the U.S. government itself.
Included in this PDF are:
- Petitioners' Notice of Motion and Motion for Leave to file Motion for Reconsideration
- Exhibit A Petitioners' [Proposed] Notice of Motion and Motion for Reconsideration of the May 1, 2018 Order
- Declaration of Jennifer Stisa Granick in Support of Petitioners' Motion for Leave to File a Motion for Reconsideration
- [Proposed] Order Granting Petitioners' Motion for Leave to File Motion for Reconsideration Pursuant to Local Rule 7-9.
For decades, U.S. policies on international data sharing have balanced privacy, principles of comity (respect for the jurisdiction of other countries), and respect for Congress’ power to regulate foreign affairs. Foreign countries seeking data held by U.S. companies generally must follow a process laid out in Mutual Legal Assistance Treaties, or MLATs, which are agreements between governments that facilitate cooperation in investigations. Increasingly, however, countries have complained that the MLAT process in the U.S. is slow and that it allows the U.S.
"Jennifer Granick, the ACLU’s surveillance and cybersecurity counsel, said the public “deserves to know why the government thought it could dismantle measures that protect their right to privacy online.”
"If voice-based accent detection can determine a person’s ethnic background, it opens up a new category of information that is incredibly interesting to the government, said Jennifer King, director of consumer privacy at Stanford Law School’s Center for Internet and Society.
“If you’re a company and you’re creating new classifications of data, and the government is interested in them, you’d be naive to think that law enforcement isn’t going to come after it,” she said.
"“The question in these cases often is, ‘What’s the minimum of interference?’ ” said Jennifer Granick, surveillance and cybersecurity counsel at the American Civil Liberties Union."
"The Apple-FBI fight over encryption was a rare event. Most of the time, the public never has a clue when authorities come knocking and ask a company for “technical assistance” to help get access to digital communications. That makes the true scale of U.S. government surveillance hard to assess—even if we can glean that it’s pervasive nowadays. And probably equally as important, it doesn’t really allow the public to tell just how difficult it is for prosecutors to convince a judge that communications should be turned over.
"Jennifer Granick had harsh words at the Our Security Advocates Conference for the growing state of mass surveillance and government hacking in the United States.
Granick, surveillance and cybersecurity counsel at the American Civil Liberties Union, took the stage at OURSA on Tuesday to discuss the state of modern surveillance and hacking performed by the U.S. government, arguing that both cross the line of traditional legal searches.
Jennifer Granick, Director of Civil Liberties, will speaking at the ISSA-LA Summitt.
More information: https://issalasummit9.wpengine.com/?page_id=285/#Granick
Title: American Spies, Modern Surveillance, and You
Join Just Security for a fireside chat on the current state of U.S. surveillance and a celebration of Jennifer Granick‘s new book, American Spies: Modern Surveillance, Why You Should Care, And What to Do About It. Opening remarks by Senator Ron Wyden.
US intelligence agencies - the eponymous American spies - are exceedingly aggressive, pushing and sometimes bursting through the technological, legal and political boundaries of lawful surveillance. Written for a general audience by a surveillance law expert, this book educates readers about how the reality of modern surveillance differs from popular understanding.
If you attended a recent march to protest, wrote a check to the ACLU, or recently visited a politically leaning website, consider yourself an activist, says Stanford legal scholar Granick. Not only might the government be watching you, but your digital footprint could end up being visible to people and organizations you never imagined would care. Know your risks and take safety precautions, advises Granick, or don’t be surprised at the troubling outcome.
In the post-Snowden era, we don't have to tell you how important it is to stay engaged with (and vigilant about) the surveillance state in America. Jennifer Granick is the Director of Civil Liberties at the Stanford Center for Internet and Society, and author of the new book American Spies — and this week she joins us for an in-depth discussion about the surveillance sta
Intelligence agencies in the U.S. (aka the American Spies) are exceedingly aggressive, pushing and sometimes bursting through the technological, legal and political boundaries of lawful surveillance.
The Snowden revelations, while dramatic, have done little to amp up public concern about personal surveillance.
After all, thanks to technology, electronic spying is cheap — so cheap the government can’t afford not to do it.
The internet makes access to information incredibly easy, and we normally see that as a good thing. But what if the information being accessed is details of our private lives? And what if the person accessing them is a government intelligence agency? This week we speak with Jennifer Granick, author of "American Spies" and director of civil liberties at the Stanford Center for Internet and Society, about the quest for privacy in the age of surveillance.