High Res Photo of Jennifer Granick
Photo credit: Michael Sugrue
Chris Sprigman and I have a new piece up at The Daily Beast about NSA illegal mass surveillance. This time we're looking at the role of the secret FISA Court, which is what the Administration always points to when it tries to assure Americans that there are no dangers from the emerging NSA Panopticon.
Today the Mozilla Foundation joined an illustrious group of computer scientists and privacy researchers in an amicus brief the Center for Internet and Society filed in the United States Court of Appeals for the Third Circuit. Jonathan Mayer and I wrote the brief, arguing that weev's conviction in U.S. v.
We at the Center for Internet and Society are writing an amicus brief on Weev's behalf. Signatories must join by JULY 5th. Email me if you want to be a signatory on the brief. My email is jennifer at law dot stanford dot edu.
That brief will argue as follows:
This morning, the NY Times posted my op-ed, co-authored with CIS affiliate scholar Chris Sprigman, arguing that the two federal statutes the Obama Administration has pointed to as authorizing NSA mass surveillance of our phone calls, emails, chats, social networking, etc. -- the FISA Amendments Act and the Patriot Act -- don't actually authorize the NSA's conduct.
Objections to Magistrate Judge's Report and Recommendation to deny the Petition, plus supporting documents (supporting declaration of Jennifer Granick, administrative motion, proposed orders).
Last week, the Justice Department filed criminal charges against a North Korean operative for a malware attack that endangered hospital systems and crippled the computers of businesses, governments, and individuals around the world. Americans might be surprised to learn that the software used for this 2017 attack — known as “WannaCry” — was based on a hacking tool created by the U.S. government itself.
Included in this PDF are:
- Petitioners' Notice of Motion and Motion for Leave to file Motion for Reconsideration
- Exhibit A Petitioners' [Proposed] Notice of Motion and Motion for Reconsideration of the May 1, 2018 Order
- Declaration of Jennifer Stisa Granick in Support of Petitioners' Motion for Leave to File a Motion for Reconsideration
- [Proposed] Order Granting Petitioners' Motion for Leave to File Motion for Reconsideration Pursuant to Local Rule 7-9.
For decades, U.S. policies on international data sharing have balanced privacy, principles of comity (respect for the jurisdiction of other countries), and respect for Congress’ power to regulate foreign affairs. Foreign countries seeking data held by U.S. companies generally must follow a process laid out in Mutual Legal Assistance Treaties, or MLATs, which are agreements between governments that facilitate cooperation in investigations. Increasingly, however, countries have complained that the MLAT process in the U.S. is slow and that it allows the U.S.
"“This is another example of how the government is pushing secretly novel or innovative interpretations of surveillance law” to conduct wiretapping in broader ways than the public realizes, said Jennifer Granick, the director of civil liberties at the Stanford Law School Center for Internet and Society."
"“The Justice Department is pushing the envelope,” said Jennifer Granick, director of civil liberties at the Stanford Law School Center for Internet and Society. Big companies like Apple and Microsoft have the wherewithal to push back, she said. But smaller companies may cave, rather than risk an expensive fight."
"Two lawyers and legal researchers based at Stanford University have formally asked a federal court in San Francisco to unseal numerous records of surveillance-related cases, as a way to better understand how authorities seek such powers from judges. This courthouse is responsible for the entire Northern District of California, which includes the region where tech companies such as Twitter, Apple, and Google, are based.
"The Stanford Center for Internet and Society's Jennifer Granick, director of civil liberties, and Riana Pfefferkorn, cryptography fellow, said at Black Hat 2016 that companies are often under no legal obligation to comply with law enforcement data requests, because data requests are not orders and even court orders are not the law.
"“If you’re ever asked to do something like this, you have a lot of strong legal arguments to say no,” said Jennifer Granick, the Director of Civil Liberties at the Stanford Center for Internet and Society in a Black Hat talk on Thursday. Granick and her Stanford colleague Riana Pfefferkorn, a Cryptography Fellow, ran down relevant laws and what’s currently known about their parameters and limits. They suggested that companies should plan ahead and assume that law enforcement agencies will eventually send them some kind of technical request—if they haven’t already.
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.