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
Today’s reporting by the Intercept calls into question whether the NSA minimizes so-called metadata relating to Americans’ digital communications and telephone calls. This is one of the questions I implored the Privacy and Civil Liberties Oversight Board (PCLOB) to get to the bottom of. It is a question that PCLOB Chairman David Medine thought the Board had a definitive—affirmative--answer to. But today’s story shows doubt still plagues our understanding of how the NSA’s information collection affects American privacy.
TL;DR: A little bit, but not enough.
Yesterday, the Privacy and Civil Liberties Oversight Board (PCLOB) issued a massive report about the legally and technologically complicated government surveillance program operating under section 702 of the FISA Amendments Act
Today, the Eleventh Circuit rejected the exceedingly common law enforcement practice of warrantlessly tracking suspects’ physical location using cell phone tower data. The opinion, United States v. Davis, is both welcome and overdue. Defendants who have and will be physically tracked without a warrant have new legal support to challenge that surveillance.
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.
"“Normally we think of the judiciary as being the overseer, but as the technology has gotten more complex, courts have had a harder and harder time playing that role,” said Jennifer Granick, surveillance and cybersecurity counsel at the American Civil Liberties Union. “We’re depending on companies to be the intermediary between people and the government.”"
"“Courts and police are increasingly using software to make decisions in the criminal justice system about bail, sentencing, and probability-matching for DNA and other forensic tests,” said Jennifer Granick, a surveillance and cybersecurity lawyer with the American Civil Liberties Union’s Speech, Privacy and Technology Project who has studied the issue.
"“Its role in enabling a certain kind of technical innovation is unambiguous,” says Daphne Keller at Stanford Law School’s Center for Internet and Society. “It made it possible for investors to get behind companies who were in the business of transmitting so much speech and information that they couldn't possibly assess it all and figure what was legal or illegal.”
"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.
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.
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."