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.
"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.
"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."
Jennifer Granick, CIS Director of Civil Liberties will be a speaker at World Affairs 2014.
“The best venue for a timely, honest discussion about our world and where it is going.”
WorldAffairs offers fresh insights and new perspectives on current global topics. This year's program will spotlight the critical issues and countries poised to impact our world and affect our decision making.
Come meet CIS and hear about our exciting work and ways to get involved.
RSVP for the event here: https://www.facebook.com/events/520390394700141/
Come out to rally for your privacy and learn about surveillance from a distinguished group of speakers this Sunday afternoon at Embarcadero Plaza!
This Conference is cordially hosted by Stanford Law School and Peking University, and is sponsored by Tencent, China’s largest Internet company and one of the largest worldwide, and Microsoft, the largest software maker in the world. The main organizers include the China Guiding Cases Project, the Stanford Program in Law, Science, & Technology, the China Law and Policy Association, and the Stanford Law School Programs.
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.