High Res Photo of Jennifer Granick
Photo credit: Michael Sugrue
The Internet is under threat, mostly from governments. We need companies to help people stand up to government threats, but companies cannot solve the problems for us. This is what I told the audience on Thursday, at an event co-hosted by CIS and the Program on Liberation Technology.
Tomorrow, all five members of the Privacy and Civil Liberties Oversight Board (PCLOB) will testify before the Senate Judiciary Committee about their recent report concluding that the National Security Agency’s (NSA) bulk collection of phone records under section 215 is illegal and ill-advised. Meanwhile, the PCLOB is gearing up to report in a few months its conclusions regarding mass surveillance of the content of Internet transactions under section 702 of the FISA Amendments Act
Today, Stanford’s Center for Internet and Society joins Greenpeace, Mozilla, Electronic Frontier Foundation, the Libertarian Party, and an array of ideologically diverse groups in The Day We Fight Back against mass surveillance.
Yesterday, I wrote generally about the problems with section 702 of the FISA Amendments Act (FAA). Today I focus on categories of information—including content—that NSA collects under section 702 but maybe never minimizes—meaning one of the few safeguards for U.S. person privacy is non-existent. In short, since the thirteen-page 702 minimization procedures only apply to communications, and since today's NSA probably excludes unshared cloud-stored data from the definition of communications, it's possible no minimization rules apply to protect American privacy.
I've written a lot about the problems with the FISA Amendments Act and section 702, which 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.
Last week’s big cybersecurity news was that the FBI obtained a court order to force Apple to develop new software that would bypass several iPhone security features so the FBI can attempt to unlock the work phone of one of the San Bernardino shooters. Apple plans to challenge that order. (Full disclosure: I am planning on writing a technologists’ amicus brief on Apple’s side in that challenge.)
On Friday, Congress will vote on a mutated version of security threat sharing legislation that had previously passed through the House and Senate. These earlier versions would have permitted private companies to share with the federal government categories of data related to computer security threat signatures. Companies that did so would also receive legal immunity from liability under the Electronic Communications Privacy Act (ECPA) and other privacy laws.
Here’s the latest in the encryption case we’ve been writing about in which the Justice Department is asking Magistrate Judge James Orenstein to order Apple to unlock a criminal defendant’s passcode-protected iPhone. The government seized and has authority to search the phone pursuant to a search warrant.
Pending before federal magistrate judge James Orenstein is the government’s request for an order obligating Apple, Inc. to unlock an iPhone and thereby assist prosecutors in decrypting data the government has seized and is authorized to search pursuant to a warrant.
Last week, we wrote about an order from a federal magistrate judge in New York that questioned the government’s ability, under an ancient federal law called the All Writs Act, to compel Apple to decrypt a locked device which the government had seized and is authorized to search pursuant to a warrant.
The 2016 Chicago-Kent College of Law/Roy C. Palmer Civil Liberties Prize has been awarded to Laura K. Donohue for her book The Future of Foreign Intelligence: Privacy and Surveillance in the Digital Age (Oxford University Press 2016) and to Jennifer Stisa Granick for her book American Spies: Modern Surveillance, Why You Should Care, and What to Do About It (Cambridge University Press, forthcoming 2017).
"Jennifer Granick, director of Civil Liberties at the Stanford Center for Internet and Society, explained that separating the needs of law enforcement from the public’s rights under the Constitution is not as simple as it might seem. She calls this policy battle the third “crypto war.”
"“This is another example of how the government is pushing secretly novel or innovative interpretations of surveillance law” to conduct wiretapping in broader ways than the public realizes, said Jennifer Granick, the director of civil liberties at the Stanford Law School Center for Internet and Society."
"“The Justice Department is pushing the envelope,” said Jennifer Granick, director of civil liberties at the Stanford Law School Center for Internet and Society. Big companies like Apple and Microsoft have the wherewithal to push back, she said. But smaller companies may cave, rather than risk an expensive fight."
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
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.