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
Last Friday, a New York federal judge joined in the contentious current debate over whether tech companies should be forced to provide law enforcement the ability to decipher encrypted data stored on smartphones and in the cloud.
In two years, section 702 of the FISA Amendments Act will expire. It is essential the public to have confidence that any reforms to section 702 will actually address problems with PRISM and Upstream surveillance. To get that confidence, we have to know a lot more about how the intelligence community is using section 702. That understanding requires more investigation.
Today we sent a letter to lawmakers expressing security experts' opposition to the Cybersecurity Information Sharing Act (CISA) as well as two other pending bills that purport to be about security information sharing, the Protecting Cyber Networks Act (PCNA), and the National Cybersecurity Protection Advancement Act of 2015. These experts agree that the information sharing bills unnecessarily waive privacy rights because they focus on sharing information beyond that needed for cybersecurity.
Right now, a battle is underway to reform the Computer Fraud and Abuse Act, a statute that can transform innocuous workplace behavior into a federal crime, simply because a computer is involved. The CFAA is a bludgeon that Big Business and the Department of Justice have willingly used against the American worker, and its time for that to stop.
The first part of this article outlined the mechanics of the Megaupload website, and the novel questions of criminal inducement on which the government's indictment is premised. Here, we explore two more extensions of existing law on which the indictment is based, and the impact this prosecution is likely to have on Internet innovators and users alike.
Days after anti-piracy legislation stalled in Congress, the U.S. Department of Justice coordinated an unprecedented raid on the Hong Kong-based website Megaupload.com. New Zealand law enforcement agents swooped in by helicopter to arrest founder Kim Dotcom at his home outside of Auckland, and seized millions of dollars worth of art, vehicles and real estate. Six other Megaupload employees were also arrested. Meanwhile, the Justice Department seized Megaupload's domain names and the data of at least 50 million users worldwide.
"Storing passwords in an encrypted format is “not just best practice, it’s something that industry should always do,” said Jennifer Granick, a lawyer with the American Civil Liberties Union. “Facebook’s failure to do that will really upset the FTC,” she said"
"Jennifer Granick, attorney with ACLU, points out that the arguments, or those engaging in them, are often paradoxical. The same people who don’t want Facebook to restrict job searches to people of certain age or housing by ethnicity may want Facebook to remove what they consider hateful speech. The social media companies also talk from both sides of their mouth, arguing like media companies that they need to cover both sides of, say, political issues, but then pooh-poohing calls for the kind of regulation media companies have.
"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.
The American Bar Association White Collar Crime Committee Presents:
The Internet’s Own Boy: A Discussion Of U.S. v. Aaron Swartz And The Prosecution And Defense Of Cyber-Crime
Featuring Brian KNAPPENBERGER, Filmmaker And Director Of The Internet’s Own Boy, Jennifer GRANICK, Director Of Civil Liberties For The Center For Internet And Society At Stanford Law School, And More.
Only LLM and SPILS students are invited.
Lunch will be provided.
Please join Giancarlo Frosio and Jennifer Granick on Tuesday for a presentation on the activities of the Stanford Intermediary Liability Lab (SILLab).
Because of Edward Snowden’s remarkable public service, we know that the National Security Agency, with the cooperation of some large firms, has amassed an unprecedented database of personal information. The ostensible goal in collecting that information is to protect national security. The effect, according to Reed Hundt, is to undermine democracy.
Come meet CIS and hear about our exciting work and ways to get involved.
You will meet:
Barbara van Schewick - Associate Professor of Law and Helen L. Crocker Faculty Scholar at Stanford Law School, Director of Stanford Law School’s Center for Internet and Society, and Associate Professor (by courtesy) of Electrical Engineering, Stanford University
Jennifer Granick - Director - Civil Liberties
Aleecia McDonald - Director - Privacy
Jennifer Granick talks about how notions of privacy have changed over the years and where she thinks things are headed in the future. She is a professor at the Stanford School of Law and Director of Civil Liberties at the Center for Internet and Society, where she specializes in the intersection of engineering, privacy and the law.
What kind of surveillance assistance can the U.S. government force companies to provide? This issue has entered the public consciousness due to the FBI's demand in February that Apple write software to help it access the San Bernardino shooter's encrypted iPhone. Technical assistance orders can go beyond the usual government requests for user data, requiring a company to actively participate in the government's monitoring of the targeted user(s).
In this week's feature interview we're chatting with Stanford's very own Jennifer Granick about a recent ruling in a Virginia court that appears to give the FBI permission to hack into any computer it wants, sans warrant. Well that's what the headlines are screaming, anyway. But as you'll hear, it's not quite that black and white.
""What was remarkable was that the public hadn't seen the argument surfaced," says Jennifer Granick at the Stanford Center for Internet and Society. She says Judge Orenstein was trying to stoke a public debate. "Judge Orenstein had concerns about whether the government's legal argument was a valid legal argument."