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
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”.
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.
The Eleventh Circuit Court of Appeals said no this week to tracking your movements using data from your cell phone without a warrant when it declared that this information is constitutionally protected.
Reed Hundt proposes democratic action in response to our government’s secret infrastructure for monitoring and controlling modern communications. “Citizens,” he writes, “should be encouraged to take action on behalf of their own privacy and security.”
Yesterday afternoon, the White House put out a statement describing its vulnerability disclosure policies: the contentious issue of whether and when government agencies should disclose their knowledge of computer vulnerabilities. The statement falls far short of a commitment to network security for all and fails to provide the reassurance the global public needs in the midst of the NSA’s security scandal.
"Riana Pfefferkorn, associate director of surveillance and cybersecurity at Stanford University’s Center for Internet and Society, said the strategy provided a false choice. "There’s this fundamental gut-level disgust that basically everyone has for the abuse of children,” Pfefferkorn said. “So, you can paint people who are trying to protect security and enhance [digital] protections as unsympathetic to preventing child sex abuse. I think it’s extremely cynical.”
Concerns are growing around privacy and government surveillance in today’s hyper-connected world. Technology is smarter and faster than ever — and so are government strategies for listening in.
"“We are thinking very much about functionality. What happens if the box is taken? Then obviously, if the box is taken we have technological concerns about the contents escaping,” Granick said. She added, “if someone does either subpoena or hack their way into the box we need to make sure that they’re not going to be able to see anything, without any opportunity for us to get into court to challenge it."
"“YouTube as a private company is well within its rights,” said Jennifer Granick, a speech and technology expert at the American Civil Liberties Union. But “YouTube will make mistakes, and over-censor.”"
"Jennifer Granick, a surveillance and cybersecurity counsel with the ACLU, explains that the purpose of the law “isn’t necessarily to protect the tech companies, but to protect the American people in having a platform where you can post information and post our stories, because if the platforms were liable for information that their users publish, then they wouldn’t be able to publish that information. They would have to go through some kind of advanced review process.”"
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.
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.