High Res Photo of Jennifer Granick
Photo credit: Michael Sugrue
Yesterday's report from the independent Privacy and Civil Liberties Oversight Board, or PCLOB, confirms what Christopher Sprigman and I said back in June of last year in our New York Times Op Ed “The Criminal NSA”. The NSA’s telephone record metadata program, in which it collects the calling records of almost everyone inside the United States, is illegal. Amend that: it’s screamingly illegal. Flat out.
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.
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.
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.
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.
"“Normally we think of the judiciary as being the overseer, but as the technology has gotten more complex, courts have had a harder and harder time playing that role,” said Jennifer Granick, surveillance and cybersecurity counsel at the American Civil Liberties Union. “We’re depending on companies to be the intermediary between people and the government.”"
"“Courts and police are increasingly using software to make decisions in the criminal justice system about bail, sentencing, and probability-matching for DNA and other forensic tests,” said Jennifer Granick, a surveillance and cybersecurity lawyer with the American Civil Liberties Union’s Speech, Privacy and Technology Project who has studied the issue.
"“Its role in enabling a certain kind of technical innovation is unambiguous,” says Daphne Keller at Stanford Law School’s Center for Internet and Society. “It made it possible for investors to get behind companies who were in the business of transmitting so much speech and information that they couldn't possibly assess it all and figure what was legal or illegal.”
"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.
Three dimensional printing turns bits into atoms. The technology is simply amazing. These machines draw on programming, art and engineering to enable people to design and build intricate, beautiful, functional jewelry, machine parts, toys and even shoes. In the commercial sector, 3D printing can revolutionize supply chains as well. As the public interest group Public Knowledge wrote once, "It will be awesome if they don't screw it up."
Jennifer Granick will be presenting her paper Principles for Regulation of Government Surveillance in the Age of Big Data.
For more information visit: http://law.scu.edu/hightech/2013-internet-law-wip.cfm
Solutions to many pressing economic and societal challenges lie in better understanding data. New tools for analyzing disparate information sets, called Big Data, have revolutionized our ability to find signals amongst the noise. Big Data techniques hold promise for breakthroughs ranging from better health care, a cleaner environment, safer cities, and more effective marketing. Yet, privacy advocates are concerned that the same advances will upend the power relationships between government, business and individuals, and lead to prosecutorial abuse, racial or other profiling, discrimination, redlining, overcriminalization, and other restricted freedoms.
The Journal of National Security Law & Policy and The Georgetown Center on National Security and the Law proudly present "Swimming in the Ocean of Big Data: National Security in an Age of Unlimited Information".
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.
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""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.