High Res Photo of Jennifer Granick
Photo credit: Michael Sugrue
Over at Just Security, I have a new piece on the Washington Post's interesting story about the increasingly aggressive role some federal magistrate judges are playing in policing criminal investigations involving digital media.
Today the Fourth Circuit refrained from deciding the first legal challenge to government seizure of the master encryption keys that secure our communications with web sites and email servers. Nevertheless, the Court upheld contempt of court sanctions, because of the Lavabit owner’s foot dragging during proceedings. Lavabit had failed to raise the substantive issues below, it decided, thus precluding appellate review.
Today I filed comments with the Privacy and Civil Liberties Oversight Board (PCLOB) in connection with its hearing on section 702 of the FISA Amendments Act. That law is the legal basis for the PRISM surveillance program and involves warrantless collection of communications contents via targeting non-U.S. individuals or entities reasonably believed to be located abroad. I've written previously about questions the PCLOB should investigate with regards to section 702.
Last week, the New York Times reported that the U.S. is spying on router company Huawei to get information about the Chinese government and to learn how to surveil our allies and other countries that might purchase Huawei routers. On Just Security, I refute the argument of some that it is not “in the public interest to reveal how democracies spy on dictatorships”.
Opening brief of Movants-Appellants EFF, ACLU, and Riana Pfefferkorn to the Ninth Circuit in our appeal from the district court's denial of our motion to unseal filings in a sealed case wherein the Department of Justice allegedly sought to compel Facebook to comply with a wiretap order for Facebook's end-to-end encrypted voice calling app, Messenger.
Brief of amici curiae ACLU, ACLU of Georgia, and Riana Pfefferkorn in support of appellant Victor Mobley in Mobley v. State, a Georgia Supreme Court case presenting the question of whether the Fourth Amendment requires a warrant for the seizure of digital data stored by a vehicle -- specifically, a car's event data recorder (EDR).
Reply brief in support of January 2019 objections to magistrate judge's report and recommendation.
Objections to Magistrate Judge's Report and Recommendation to deny the Petition, plus supporting documents (supporting declaration of Jennifer Granick, administrative motion, proposed orders).
"“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.
"Some cyberlaw experts fear a ruling against Grindr will put the creativity of the internet as we know it at risk. They say that requiring platforms to more closely monitor users would give an advantage to tech giants like Facebook, Twitter, and Google while hindering smaller startups with niche audiences, including Grindr. It would be more expensive to start new businesses online because of the cost of hiring watchdogs, said Jennifer Granick, surveillance and cybersecurity counsel at the American Civil Liberties Union.
""So far, we've likely only seen the tip of the iceberg when it comes to the government’s use of hacking in criminal and immigration investigations,” Jennifer Granick, the ACLU's surveillance and cybersecurity counsel, said in a statement after the suit was filed."
"Jennifer Granick, the ACLU’s surveillance and cybersecurity counsel, said the public “deserves to know why the government thought it could dismantle measures that protect their right to privacy online.”
Three dimensional printing turns bits into atoms. The technology is simply amazing. These machines draw on programming, art and engineering to enable people to design and build intricate, beautiful, functional jewelry, machine parts, toys and even shoes. In the commercial sector, 3D printing can revolutionize supply chains as well. As the public interest group Public Knowledge wrote once, "It will be awesome if they don't screw it up."
Jennifer Granick will be presenting her paper Principles for Regulation of Government Surveillance in the Age of Big Data.
For more information visit: http://law.scu.edu/hightech/2013-internet-law-wip.cfm
Solutions to many pressing economic and societal challenges lie in better understanding data. New tools for analyzing disparate information sets, called Big Data, have revolutionized our ability to find signals amongst the noise. Big Data techniques hold promise for breakthroughs ranging from better health care, a cleaner environment, safer cities, and more effective marketing. Yet, privacy advocates are concerned that the same advances will upend the power relationships between government, business and individuals, and lead to prosecutorial abuse, racial or other profiling, discrimination, redlining, overcriminalization, and other restricted freedoms.
Have you ever borrowed a smartphone without asking? Modified a URL? Scraped a website? Called an undocumented API? Congratulations: you might have violated federal law! A 1986 statute, the Computer Fraud and Abuse Act (CFAA), provides both civil and criminal remedies for mere "unauthorized" access to a computer.
The Journal of National Security Law & Policy and The Georgetown Center on National Security and the Law proudly present "Swimming in the Ocean of Big Data: National Security in an Age of Unlimited Information".