High Res Photo of Jennifer Granick
Photo credit: Michael Sugrue
Over at Just Security, I have a post about the latest iteration of the USA Freedom Act. Basically, civil liberties groups are withdrawing support for the bill because it no longer clearly ends bulk collection of metadata and other information under Section 215 of the Patriot Act, the NSL statutes, and the intelligence pen/trap statute as the bill was supposed to do. I explain the language changes that gutted the bill, and lament the state of Congress. Read more here.
Yesterday I attended a conference at the Hoover Institution on “Intelligence Challenges.” I also spoke on a panel in the morning about Civil Liberties. A version of my prepared remarks is below. Ben Wittes has an interesting post on the event.
Over at Just Security I have an analysis of the USA Freedom Act as changed by a recent Manager's Amendment. Basically, I conclude that the Manager's Amendment fails to prohibit "back door searches" for US person information caught up in the NSA dragnet, which was supposedly one of the mail goals of the original bill.
Yesterday afternoon, the White House put out a statement describing its view of vulnerability disclosure: the contentious issue of whether and when government agencies should disclose their knowledge of computer vulnerabilities. Over at Just Security, I highlight some parts of the announcement for further thought.
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.
""For practical reasons, the security bypass this court would order Apple to create almost certainly will be used on other iPhones in the future," computer security experts say in a brief compiled by Stanford Law School's Center for Internet and Society.
"This spread increases the risk that the forensic software will escape Apple's control either through theft, embezzlement, or order of another court, including a foreign government.""
"“The human equivalent of the company signing code is basically saying, ‘We believe that this code is safe for you to run,'” says Jennifer Granick, director of civil liberties for the Center for Internet and Society at Stanford Law School. “So I think that when you force Apple to cryptographically sign the software, it has a communicative aspect to it that I think is compelled speech to force them to do it.”
"“This case can’t be a one-time deal,” said Neil Richards, a professor at the Washington University School of Law. “This is about the future.”
"Lots of people, mainly those supporting the DOJ/FBI's view of the Apple fight, have been arguing that this isn't a big deal. They're just asking for one small thing. Other people have tried to examine "what's at stake" in the case, with a number of the arguments falling into the typical "privacy v. security" framing, or even something around precedents related to privacy and security. However, Jennifer Granick recently wrote a great piece that does a much better job framing what's truly at stake. It's not privacy vs.
Eight years ago, Barack Obama arrived in Washington pledging to reverse the dramatic expansion of state surveillance his predecessor had presided over in the name of fighting terrorism. Instead, the Obama administration saw the Bush era’s “collect it all” approach to surveillance become still more firmly entrenched. Meanwhile, the advanced spying technologies once limited to intelligence agencies have been gradually trickling down to local police departments.
Join Mozilla and Stanford CIS for the second installment in a series of conversations about government hacking. Information from our first event, discussing the upcoming changes to Federal Rule of Criminal Procedure 41, are available at that event’s page here.
On December 1, 2016, significant and controversial changes to Federal Rule of Criminal Procedure 41 are scheduled go into effect. Today, Rule 41 prohibits a federal judge from issuing a search warrant outside of the judge’s district, with some exceptions.Traditionally, federal judges may only issue warrants that will be executed within their own districts. The revised Rule 41 would permit judges to issue search and seizure warrants for computers outside their jurisdictions, in two circumstances: if the computer’s true location has been hidden through technological means (such as Tor), or, in a computer-hacking investigation under the CFAA, if the affected computers are located in five or more districts.
Stanford CIS brings together scholars, academics, legislators, students, programmers, security researchers, and scientists to study the interaction of new technologies and the law and to examine how the synergy between the two can either promote or harm public goods like free speech, innovation, privacy, public commons, diversity, and scientific inquiry. Come hear CIS Directors Jennifer Granick + Daphne Keller and Resident Fellows Riana Pfefferkorn + Luiz Fernando Marrey Moncau talk about our work, and the assistance CIS provides to students in learning about these issues, selecting courses, identifying job opportunities, and making professional connections.