Position / Title:
jennifer at law dot stanford dot edu
High Res Photo of Jennifer Granick
Photo credit: Michael Sugrue
High Res Photo of Jennifer Granick
Photo credit: Michael Sugrue
The Internet is under threat, mostly from governments. We need companies to help people stand up to government threats, but companies cannot solve the problems for us. This is what I told the audience on Thursday, at an event co-hosted by CIS and the Program on Liberation Technology.
Tomorrow, all five members of the Privacy and Civil Liberties Oversight Board (PCLOB) will testify before the Senate Judiciary Committee about their recent report concluding that the National Security Agency’s (NSA) bulk collection of phone records under section 215 is illegal and ill-advised. Meanwhile, the PCLOB is gearing up to report in a few months its conclusions regarding mass surveillance of the content of Internet transactions under section 702 of the FISA Amendments Act
Today, Stanford’s Center for Internet and Society joins Greenpeace, Mozilla, Electronic Frontier Foundation, the Libertarian Party, and an array of ideologically diverse groups in The Day We Fight Back against mass surveillance.
Yesterday, I wrote generally about the problems with section 702 of the FISA Amendments Act (FAA). Today I focus on categories of information—including content—that NSA collects under section 702 but maybe never minimizes—meaning one of the few safeguards for U.S. person privacy is non-existent. In short, since the thirteen-page 702 minimization procedures only apply to communications, and since today's NSA probably excludes unshared cloud-stored data from the definition of communications, it's possible no minimization rules apply to protect American privacy.
I've written a lot about the problems with the FISA Amendments Act and section 702, which 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.
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.
Reply brief of Movants-Appellants EFF, ACLU, and Riana Pfefferkorn to the Ninth Circuit in our appeal from the district court's denial of our motion to unseal filings 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.
Opening brief of Movants-Appellants EFF, ACLU, and Riana Pfefferkorn to the Ninth Circuit in our appeal from the district court's denial of our motion to unseal filings 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.
Brief of amici curiae ACLU, ACLU of Georgia, and Riana Pfefferkorn in support of appellant Victor Mobley in Mobley v. State, a Georgia Supreme Court case presenting the question of whether the Fourth Amendment requires a warrant for the seizure of digital data stored by a vehicle -- specifically, a car's event data recorder (EDR).
Reply brief in support of January 2019 objections to magistrate judge's report and recommendation.
"Storing passwords in an encrypted format is “not just best practice, it’s something that industry should always do,” said Jennifer Granick, a lawyer with the American Civil Liberties Union. “Facebook’s failure to do that will really upset the FTC,” she said"
"Jennifer Granick, attorney with ACLU, points out that the arguments, or those engaging in them, are often paradoxical. The same people who don’t want Facebook to restrict job searches to people of certain age or housing by ethnicity may want Facebook to remove what they consider hateful speech. The social media companies also talk from both sides of their mouth, arguing like media companies that they need to cover both sides of, say, political issues, but then pooh-poohing calls for the kind of regulation media companies have.
"How long have you operated with that assumption?
Probably 20 years. I had an incident occur in my hotel room at Black Hat. My room was broken into, and my tech was compromised. They pulled the hard drive out of the wall safe, plugged it into my Linux laptop, booted it up off of a different drive, and then accessed files and copied it. Then they put the drive back in the safe.
"“There’s a secretive process with no real appeal where people are making extremely difficult subjective calls that have to do with politics, culture and religion,” said Jennifer Granick, an attorney with the American Civil Liberties Union. “This example shows why it is dangerous. If I want to find good information about vaccines, I can’t find it.”"
"Jen King, director of consumer privacy at Stanford’s Center for Internet and Society, thinks it's a sign Facebook may be ready to actually take privacy seriously. "It's possible that Facebook has finally gotten the memo and is really trying to make change," King told WIRED.
Jennifer Granick, CIS Director of Civil Liberties will be a speaker at World Affairs 2014.
“The best venue for a timely, honest discussion about our world and where it is going.”
WorldAffairs offers fresh insights and new perspectives on current global topics. This year's program will spotlight the critical issues and countries poised to impact our world and affect our decision making.
Come meet CIS and hear about our exciting work and ways to get involved.
RSVP for the event here: https://www.facebook.com/events/520390394700141/
Come out to rally for your privacy and learn about surveillance from a distinguished group of speakers this Sunday afternoon at Embarcadero Plaza!
This Conference is cordially hosted by Stanford Law School and Peking University, and is sponsored by Tencent, China’s largest Internet company and one of the largest worldwide, and Microsoft, the largest software maker in the world. The main organizers include the China Guiding Cases Project, the Stanford Program in Law, Science, & Technology, the China Law and Policy Association, and the Stanford Law School Programs.
Jennifer Granick, Director of Civil Liberties, is in this episode discussing Stingray technology.
"Truth and Power" highlights Daniel Rigmaiden, the young tech-genius who exposed STINGRAY - a secret government surveillance technology that hacks into your cell phones. All New Episodes - Fridays at 10 p.m. ET / PT on Pivot. Learn more at http://bit.ly/TruthAndPowerPivot.
ABOUT THE SHOW
""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.
"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.
Jennifer Granick, Director of Civil Liberties, presented her work with the Stanford Center for Internet and Society, and the impacts of Edward Snowden.