High Res Photo of Jennifer Granick
Photo credit: Michael Sugrue
Over at Just Security, I have a new piece on the Washington Post's interesting story about the increasingly aggressive role some federal magistrate judges are playing in policing criminal investigations involving digital media.
Today the Fourth Circuit refrained from deciding the first legal challenge to government seizure of the master encryption keys that secure our communications with web sites and email servers. Nevertheless, the Court upheld contempt of court sanctions, because of the Lavabit owner’s foot dragging during proceedings. Lavabit had failed to raise the substantive issues below, it decided, thus precluding appellate review.
Today I filed comments with the Privacy and Civil Liberties Oversight Board (PCLOB) in connection with its hearing on section 702 of the FISA Amendments Act. That law is the legal basis for the PRISM surveillance program and involves warrantless collection of communications contents via targeting non-U.S. individuals or entities reasonably believed to be located abroad. I've written previously about questions the PCLOB should investigate with regards to section 702.
Last week, the New York Times reported that the U.S. is spying on router company Huawei to get information about the Chinese government and to learn how to surveil our allies and other countries that might purchase Huawei routers. On Just Security, I refute the argument of some that it is not “in the public interest to reveal how democracies spy on dictatorships”.
On Friday, Congress will vote on a mutated version of security threat sharing legislation that had previously passed through the House and Senate. These earlier versions would have permitted private companies to share with the federal government categories of data related to computer security threat signatures. Companies that did so would also receive legal immunity from liability under the Electronic Communications Privacy Act (ECPA) and other privacy laws.
Here’s the latest in the encryption case we’ve been writing about in which the Justice Department is asking Magistrate Judge James Orenstein to order Apple to unlock a criminal defendant’s passcode-protected iPhone. The government seized and has authority to search the phone pursuant to a search warrant.
Pending before federal magistrate judge James Orenstein is the government’s request for an order obligating Apple, Inc. to unlock an iPhone and thereby assist prosecutors in decrypting data the government has seized and is authorized to search pursuant to a warrant.
Last week, we wrote about an order from a federal magistrate judge in New York that questioned the government’s ability, under an ancient federal law called the All Writs Act, to compel Apple to decrypt a locked device which the government had seized and is authorized to search pursuant to a warrant.
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.
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. Weaving the history of American surveillance - from J.
It’s nearly impossible to know if you're having a truly private, unmonitored conversation today. Big data and online communications open the door for widespread surveillance. But even if you feel like you personally have nothing to hide, surveillance is about much more than individual privacy – it’s about the necessary conditions of a free and just society, and protecting a space to criticize the status quo and the powers that be.