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
In September 2016, we filed a Petition in the Northern District of California (the federal district court for the Bay Area and much of Northern California) asking the court to unseal years’ worth of surveillance matters filed there. We had our first hearing before the court on May 4.
Senator Chris Coons, Democrat from Delaware, offered a bill today that would delay implementation of proposed changes to Federal Rule of Criminal Procedure 41 for six months. Stanford’s Center for Internet and Society and Mozilla have been studying issues related to government hacking including the Rule 41 changes.
Researchers at the Stanford Center for Internet and Society (CIS) filed a petition yesterday seeking to unseal judicial records in San Francisco federal district court. Their goal is to reveal how the federal government uses U.S. law to obligate smartphone manufacturers and Internet companies to decrypt private user data, turn over encryption keys, or otherwise assist law enforcement with digital surveillance.
On Monday, I wrote a post for Just Security where I reflected on last week's news concerning the FBI's attempts to coerce Apple into creating a forensic bypass to the iPhone passcode lockout. I wrote that we live in a software-defined world. In 2000, Lawrence Lessig wrote that Code is Law — the software and hardware that comprise cyberspace are powerful regulators that can either protect or threaten liberty. A few years ago, Mark Andreessen wrote that software was eating the world, pointing to a trend that is hockey sticking today. Software is redefining everything, even national defense.
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.
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 appears at 46:44.
Ask Americans what the Constitution’s most important feature is, and most will say it’s the guarantees of liberty enshrined in the Bill of Rights, the first ten amendments of the Constitution.
Americans are fiercely proud of their freedoms but they continue to argue about what those basic rights are and how they can be sustained in a changing world. Are our rights unchangeable, or should they evolve over time? What is the proper role for the courts in interpreting rights?