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.
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.
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.
"Jennifer Granick, surveillance and cybersecurity counsel at the American Civil Liberties Union (ACLU), noted that “increasingly, modern surveillance is mass surveillance” which can be facilitated by new technologies and the internet.
Secretive large scale surveillance differs from warrant-directed searches by the volume and depth of data and could be abetted by the ease of converting in-home appliances with microphones and cameras into “surveillance machines”, she said."
"Even Hutchins’s defenders say if he’s guilty some punishment is in order, but his prosecution also sends a mixed message. Hutchins had been a model of public-private cooperation at a time when the government was having difficulty recruiting cybersecurity talent. (James Comey irritated the community in 2014 when he said the FBI struggled to hire people because “some of those kids want to smoke weed on the way to the interview.”) Some security researchers said they would stop sharing information with the government in protest.
"“The law is clearly targeted at economic activity and is being applied to an entirely different category to suppress speech,” said Jennifer Granick, an attorney with the American Civil Liberties Union."
"“This sanctions law, which was written for one purpose,” said Jennifer Stisa Granick, a staff attorney with the American Civil Liberties Union’s Speech, Privacy and Technology project, “is being used to suppress speech with little consideration of the free expression values and the special risks of blocking speech, as opposed to blocking commerce or funds as the sanctions was designed to do. That’s really problematic.”"
"Jennifer Granick, a lawyer with the ACLU’s technology division, said that abuses of power will become unavoidable if companies continue to face pressure to moderate their content.
“It's not a surprise that Twitter employees have this capability,” Granick said. “The public and Congress have been demanding that the platform companies create the ability to ban people from the platform or delete particular messages.”"
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.
In the realm of big data, privacy is a significant, and often controversial, issue. In this clip, Jennifer Granick takes on the alleged trade-off between “privacy versus security,” and proposes an alternate framing. She is the Director of Civil Liberties at the Center for Internet and Society at Stanford Law School.
This video is a preview of Worldview Stanford's unique online and on-campus course, Behind and Beyond Big Data. We are currently accepting applications for the course. Learn more and apply here: worldview.stanford.edu/course/behind-and-beyond-big-data
The director of civil liberties for the Center for Internet and Society at Stanford Law School discusses net neutrality, privacy and the NSA.
"State of Surveillance" examines new technologies police departments are using to fight crime and the civil liberties concerns raised by these tools.
Law enforcement agencies say that many of the technologies make it easier to solve and, in some cases, even prevent crime. But privacy advocates warn that expanded databases could become dragnets that are increasingly populated with information about law-abiding citizens.
The following is audio of the conference last week in Austin hosted by the Intelligence Studies Project, a joint venture of the Strauss Center and Clements Center at the University of Texas at Austin. The conference was entitled, “The National Security Agency at the Crossroads.”
The Internet makes lives better, around the world, in ways people couldn't have imagined not even a decade ago. It sparks prosperity, inspires dissent, improves education, and encourages freedom. But all of the good it does is under threat, largely from governments. David Drummond will discuss where those threats are coming from, and the critical importance for us all that we overcome them. Drummond joined Google in 2002, initially as vice president of corporate development.