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.
High Res Photo of Jennifer Granick
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
Cross-posted from Just Security.
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks ahead to key developments on the horizon. Read more » about Sloppy Cyber Threat Sharing Is Surveillance by Another Name
In the wake of a recent appellate court’s decision that the NSA’s domestic dragnet collection of phone call records is illegal, political support for maintaining the legal provision that the government used to justify the program has all but vanished. For the first time in a dozen years, we have a real chance at ending one of the most abused and misused parts of US surveillance law. Congress should allow section 215 of the USA PATRIOT Act to expire. Read more » about A Sunset Is A Beautiful Thing
Last week’s dramatic Second Circuit decision in ACLU v. Clapper, invalidated the alleged legal basis for the NSA domestic phone call dragnet, Section 215 of the USA Patriot Act, just weeks before that provision is about to expire.
"“I think it’s a good motion,” says Jennifer Granick, director of civil liberties at the Stanford Center for Internet and Society. “The officers manipulated his phone to send data to the dispatcher so they could collect it without a warrant.” But the fact that the phone was abandoned may weigh against Muller. “I think the easiest way for a judge to rule against the defendant will be because he left his cell phone at the scene.”" Read more » about ‘Gone Girl’ Suspect Confesses to Reporter—As FBI Listens In
"Jennifer Granick, a law professor at the Stanford Center for Internet and Society, said that the legal questions around the hack are still murky, but a few things are clear. Researchers using this data would not, she said, be guilty of any federal crime, because they are not involved in any way in the hack itself. She said a researcher who downloaded the data might theoretically run afoul of their state's statute on possession of stolen property. Read more » about Ashley Madison Hack Creates Ethical Conundrum For Researchers
"Last week, I came across two separate speeches that were given recently about the future of the internet -- both with very different takes and points, but both that really struck a chord with me. And the two seem to fit together nicely, so I'm combining both of them into one post. The first speech is Jennifer Granick's recent keynote at the Black Hat conference in Las Vegas. Read more » about Two Important Speeches: The Threats To The Future Of The Internet... And How To Protect An Open Internet
""The End of the Internet Dream," cyberlawyer Jennifer Granick's keynote at Black Hat, was all anyone could talk about at this year's Defcon -- Black Hat being the grown-up, buttoned-down, military-industrial cousin to Defcon's wild and exuberant anarchy. Read more » about The End of the Internet Dream: the speech that won Black Hat (and Defcon)
Jennifer Stisa Granick’s keynote address is a comprehensive and illuminating account of the past, present, and troubling future of “internet freedom.” It also raises uncomfortable questions for government officials, corporate leaders, and hackers. Let’s look at a few of them, in each category. The overarching concern may be: can we step back from our positions as advocates, and talk openly about what an ideal balance of power and freedom, surveillance and privacy, may look like?
Speaker: Jennifer Granick, Stanford University NSA stands for National Security Agency, but the agency is at odds with itself in its security mission. Undermining global encryption standards, intercepting Internet companies' data center transmissions, using auto-update to spread malware, and demanding law enforcement back doors in products and services are all business as usual. What legal basis does NSA and FBI have for these demands, and do they make the country more or less safe? Read more » about Modern Surveillance
The American Bar Association White Collar Crime Committee Presents:
The Internet’s Own Boy: A Discussion Of U.S. v. Aaron Swartz And The Prosecution And Defense Of Cyber-Crime
Featuring Brian KNAPPENBERGER, Filmmaker And Director Of The Internet’s Own Boy, Jennifer GRANICK, Director Of Civil Liberties For The Center For Internet And Society At Stanford Law School, And More. Read more » about THE INTERNET’S OWN BOY: A DISCUSSION OF U.S. V. AARON SWARTZ AND THE PROSECUTION AND DEFENSE OF CYBER-CRIME
Only LLM and SPILS students are invited.
Lunch will be provided.
Please join Giancarlo Frosio and Jennifer Granick on Tuesday for a presentation on the activities of the Stanford Intermediary Liability Lab (SILLab). Read more » about Learn More About the Stanford Intermediary Liability Lab
Because of Edward Snowden’s remarkable public service, we know that the National Security Agency, with the cooperation of some large firms, has amassed an unprecedented database of personal information. The ostensible goal in collecting that information is to protect national security. The effect, according to Reed Hundt, is to undermine democracy. Read more » about Saving Privacy
""The phone companies may already have data retention obligations under the Communications Act, but there's no additional obligation as a result of USA Freedom having passed," says Jennifer Granick, director of civil liberties at Stanford University's Center for Internet and Society. Read more » about Phone Carriers Tight-Lipped On How They Will Comply With New Surveillance Law
"A year ago, a European Court said people had a right to demand Google take down certain search results about them. Theright to be forgotten was born.
“That idea is spreading in some areas,” says Jennifer Granick, Director of Civil Liberties for the Stanford Center for Internet and Society. Read more » about The long arms of the right to be forgotten
Jennifer Granick, Director of Civil Liberties, presented her work with the Stanford Center for Internet and Society, and the impacts of Edward Snowden. Read more » about Brown Bag Lunch Series | Jennifer Granick discusses Surveillance
Jennifer Granick, director of civil liberties for the Stanford Center for Internet and Society, said that people aren't really understanding how the Internet is being enforced and legislated because it's become more complicated. Read more » about Granick Says People Should Be More Outraged About Internet Privacy
In the realm of big data, privacy is a significant, and often controversial, issue. In this clip, Jennifer Granick takes on the alleged trade-off between “privacy versus security,” and proposes an alternate framing. She is the Director of Civil Liberties at the Center for Internet and Society at Stanford Law School.
This video is a preview of Worldview Stanford's unique online and on-campus course, Behind and Beyond Big Data. We are currently accepting applications for the course. Learn more and apply here: worldview.stanford.edu/course/behind-and-beyond-big-data Read more » about Privacy Vs. Security with Jennifer Granick