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
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.
Last week, we argued that the public discussion surrounding two of the government’s most controversial mass surveillance programs – PRISM and Upstream – has not sufficiently acknowledged the broad scope of collection under these programs, which take place under section 702 of the Foreign Intelligence Surveillance Act (FISA). In short, hiding behind the counterterrorism justifications for section 702 is a broad surveillance program that sucks up massive amounts of irrelevant private data.
The legal authority behind the controversial PRISM and Upstream surveillance programs used by the NSA to collect large swaths of private communications from leading Internet companies – Section 702 of the Foreign Intelligence Surveillance Act (FISA) – is scheduled to expire on December 31, 2017. In recent months, Congress began to review these programs to assess whether to renew, reform, or retire section 702. Unfortunately, it appears the debate has already been skewed by misconceptions about the true scope of surveillance conducted under the contentious provision.
"How long have you operated with that assumption?
Probably 20 years. I had an incident occur in my hotel room at Black Hat. My room was broken into, and my tech was compromised. They pulled the hard drive out of the wall safe, plugged it into my Linux laptop, booted it up off of a different drive, and then accessed files and copied it. Then they put the drive back in the safe.
"“There’s a secretive process with no real appeal where people are making extremely difficult subjective calls that have to do with politics, culture and religion,” said Jennifer Granick, an attorney with the American Civil Liberties Union. “This example shows why it is dangerous. If I want to find good information about vaccines, I can’t find it.”"
"Jen King, director of consumer privacy at Stanford’s Center for Internet and Society, thinks it's a sign Facebook may be ready to actually take privacy seriously. "It's possible that Facebook has finally gotten the memo and is really trying to make change," King told WIRED.
"Some cyberlaw experts fear a ruling against Grindr will put the creativity of the internet as we know it at risk. They say that requiring platforms to more closely monitor users would give an advantage to tech giants like Facebook, Twitter, and Google while hindering smaller startups with niche audiences, including Grindr. It would be more expensive to start new businesses online because of the cost of hiring watchdogs, said Jennifer Granick, surveillance and cybersecurity counsel at the American Civil Liberties Union.
""So far, we've likely only seen the tip of the iceberg when it comes to the government’s use of hacking in criminal and immigration investigations,” Jennifer Granick, the ACLU's surveillance and cybersecurity counsel, said in a statement after the suit was filed."
Come meet CIS and hear about our exciting work and ways to get involved.
On January 19, 2012, Kim DotCom was arrested in a dramatic raid after being indicted on federal criminal charges that he knew that his website, MegaUpload, was a haven of piracy and counterfeiting. In the days that followed, the media commented on the presumed guilt of MegaUpload. In this debate, Jim argues that the law and evidence clearly point to MegaUpload's officers being found guilty, while Jennifer will argue that the MegaUpload case is built on unprecedented and wrongheaded interpretations of copyright law, and thus the principles should be found not guilty.
Prompted by the Google Street View WiFi sniffing scandal, the question of whether and how the law regulates interception of unencrypted wireless communications has become a hot topic in the courts, in the halls of the FCC, on Capitol Hill, and in the security community. Are open WiFi communications protected by federal wiretap law, unprotected, or some strange mix of the two? (Surprise: it may be the last one, so you'll want to come learn the line between what's probably illegal sniffing and what's probably not.)
Has it really been 15 years? Time really flies when keeping up with Moore's law is the measure. In 1997, Jeff Moss held the very first Black Hat. He gathered together some of the best hackers and security minds of the time to discuss the current state of the hack. A unique and neutral field was created in which the security community--private, public, and independent practitioners alike—could come together and exchange research, theories, and experiences with no vendor influences. That idea seems to have caught on. Jeff knew that Black Hat could serve the community best if it concentrated on finding research by some of the brightest minds of the day, and he had an uncanny knack for finding them.
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 appears at 46:44.
Ask Americans what the Constitution’s most important feature is, and most will say it’s the guarantees of liberty enshrined in the Bill of Rights, the first ten amendments of the Constitution.
Americans are fiercely proud of their freedoms but they continue to argue about what those basic rights are and how they can be sustained in a changing world. Are our rights unchangeable, or should they evolve over time? What is the proper role for the courts in interpreting rights?