High Res Photo of Jennifer Granick
Photo credit: Michael Sugrue
Law Professor and Computer Fraud and Abuse Act expert Orin Kerr wrote today in his usual thorough and well-informed fashion about the legal claims in Aaron Swartz's case. While his analysis of the law is, as usual, spot on, I nevertheless disagree with its treatment of Aaron's case as routine and, by implication, unremarkable. I am in the process of explaining why , but want to address here a few of Orin's arguments.
Over the weekend, I learned that Aaron Swartz had taken his own life. I cried, and am still crying, for him, his family, for the close friends who loved him, and for our community. We lost a rare and special person, one who did so much in his short life to make the world a better place. Any do-gooder, including myself, could be proud were we to accomplish as much. We don't know what else he would have acheived were he to have lived. But I admit that I also cried for myself, because I felt guilty that I didn't do more to help Aaron in his criminal case. This post is about part of that challenge, the challenge to improve computer crime laws, and the criminal justice system more generally. Hopefully in the end, there'll be something that I, and you, can do about it.
Today, Senator Ron Wyden agreed to forego his procedural hold that would prevent the Senate from voting on extending the FISA Amendments Act, due to expire at the end of this year. In exchange, Wyden will get a floor vote on two important amendments to the proposal.
Advocates for renewal of the FISA Amendments Act (FAA) often argue that the statute poses no more harm to the privacy of innocent Americans than does the Wiretap Act, also known as Title III. After all, when FBI agents are tapping a suspected drug courier’s phones, his friends or mother may also call. How is the FAA any different?
Actually, there are many important differences between Title III, the FAA and even traditional FISA intercept orders. These differences mean that FAA is far more intrusive than Title III and poses a categorically different threat to the privacy of innocent Americans.
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.
"Jennifer Granick, the ACLU’s surveillance and cybersecurity counsel, said the public “deserves to know why the government thought it could dismantle measures that protect their right to privacy online.”
"If voice-based accent detection can determine a person’s ethnic background, it opens up a new category of information that is incredibly interesting to the government, said Jennifer King, director of consumer privacy at Stanford Law School’s Center for Internet and Society.
“If you’re a company and you’re creating new classifications of data, and the government is interested in them, you’d be naive to think that law enforcement isn’t going to come after it,” she said.
"“The question in these cases often is, ‘What’s the minimum of interference?’ ” said Jennifer Granick, surveillance and cybersecurity counsel at the American Civil Liberties Union."
"The Apple-FBI fight over encryption was a rare event. Most of the time, the public never has a clue when authorities come knocking and ask a company for “technical assistance” to help get access to digital communications. That makes the true scale of U.S. government surveillance hard to assess—even if we can glean that it’s pervasive nowadays. And probably equally as important, it doesn’t really allow the public to tell just how difficult it is for prosecutors to convince a judge that communications should be turned over.
"Jennifer Granick had harsh words at the Our Security Advocates Conference for the growing state of mass surveillance and government hacking in the United States.
Granick, surveillance and cybersecurity counsel at the American Civil Liberties Union, took the stage at OURSA on Tuesday to discuss the state of modern surveillance and hacking performed by the U.S. government, arguing that both cross the line of traditional legal searches.
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.
Have you ever borrowed a smartphone without asking? Modified a URL? Scraped a website? Called an undocumented API? Congratulations: you might have violated federal law! A 1986 statute, the Computer Fraud and Abuse Act (CFAA), provides both civil and criminal remedies for mere "unauthorized" access to a computer.
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.