High Res Photo of Jennifer Granick
Photo credit: Michael Sugrue
October 22, 2003: Admission of Bad Conviction Shows Hacking Act Needs Clarity, Lawyer Says, Washington Internet Daily
October 16, 2003: US Admits Convicted Man Is No Hacker, Los Angeles Times, Joe Menn
October 7, 2003: Hackers to Face Tougher Sentences: The washingtonpost.com reports that convicted hackers and virus writers soon will face significantly harsher penalties under new guidelines that dictate how the U.S. government punishes computer crimes.
Starting in November, federal judges will begin handing out the expanded penalties, which were developed by the U.S. Sentencing Commission.
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.
"“It seems like the government lied to Twitter about why it wanted the information,” says Jennifer Granick, Director of Civil Liberties at the Stanford Center for Internet and Society. “It’s not entitled to the information under the statutory authority it cites.”"
The Republican chair of the House Intelligence Committee, Devin Nunes has just said that Donald Trump’s communications were likely picked up by US intelligence agencies through “incidental collection.” Before Nunes’ statement, I interviewed Jennifer Stisa Granick, the director of civil liberties at Stanford University’s Center for the Internet and Society, about her new
"Some people writing on intelligence and surveillance note that close working relations such as this can allow intelligence agencies to evade domestic controls. Jennifer Granick, in her new Cambridge University Press book, American Spies: Modern Surveillance, Why You Should Care, and What To Do About It, notes that Five Eyes countries aren’t supposed to spy on one another’s citizens. However, she says that the NSA has prepared policies that would allow it to spy on Five Eyes citizens without permission. She furthermore suggests that:
"Although it would be “unheard of” for the federal government to prosecute a company for using leaked classified information to improve its products, there “are some issues with the fact that the information is classified,” said Jennifer Granick, director of civil liberties at Stanford Law School’s Center for internet and Society.
Given uncertainty about the views of the Justice Department, “I can see why legal counsel at big companies might hesitate to reach out to Julian Assange to negotiate access to classified information,” she said."
"While WikiLeaks has often been criticized for releasing sensitive data without regard for the consequences, Mr. Assange is acting responsibly this time, said Jennifer Granick, the director of civil liberties at the Stanford Center for Internet and Society. WikiLeaks redacted the actual computer code for C.I.A. exploits from its initial release to avoid spreading such cyberweapons.
“He is trying to do the right thing,” Ms. Granick said."
To celebrate the one-year anniversary of the Stanford Cryptography Policy Project, we are holding an afternoon event highlighting our research and accomplishments over the past year. As our keynote speakers, it is our pleasure to welcome the Honorable Stephen W. Smith, Magistrate Judge of the Southern District of Texas, and Paul S. Grewal, former Magistrate Judge of the Northern District of California.
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).
On Wednesday, February 17, The Center on Democracy, Development and the Rule of Law at Stanford, The Center for International Governance Innovation, and the Research Advisory Network of the Global Commission on Internet Governance will present an all-day conference entitled "New Alliances in Cybersecurity, Human Rights and Internet Governance." The conference will discuss the challenges of creating a regime of internet governance that pays attention to security and human rights in the digital context.
Over the course of two days in February 2016, the Strauss Center at the University of Texas-Austin will host a unique and timely conference focused on the legal and policy dimensions of cybersecurity.