High Res Photo of Jennifer Granick
Photo credit: Michael Sugrue
Round Two of my debate with Orin Kerr about whether the bulk collection of phone call records is regulated by the Fourth Amendment is now published on the Just Security blog. In this round, I argue that normative considerations, including those associated with bulk data collection, are explicitly part of existing Fourth Amendment jurisprudence. The 1979 case of Smith v.
A new online platform launches today called Just Security, a forum on law, rights, and U.S. national security. Just Security aims to promote principled and pragmatic solutions to the problems decision-makers face in U.S. national security law and practice. The legal analysis and policy prescriptions proposed by Just Security will provide balanced and broad perspectives currently missing in the national security dialogue.
We here at CIS are delighted to welcome Giancarlo Frosio to our team. Giancarlo is our new Intermediary Liability Fellow, studying the ways that liabilities, immunities and safe harbors for global communications platforms affect freedom of expression and innovation online. Frosio is an Italian lawyer, fluent in several languages, with an S.J.D. and an LL.M. from Duke University Law School and an LL.M. from the University of Strathclyde in the U.K.
On July 30, 2013, I had the pleasure of having dinner with General Keith Alexander, Director of the National Security Agency. Just a few weeks earlier, NYU Law Professor Christopher Sprigman and I had called the NSA’s activities “criminal” in the digital pages of the New York Times, so I thought it was particularly gracious of him to sit with me. [more]
Today, Lavabit, an email service provider that promised its customers better privacy and security than other publicly available services, shut its doors. Reading between the lines of a cryptic message posted on the site’s homepage, about six weeks ago the service was served with some kind of demand for user information, as well as a gag order preventing the company from disclosing both the details of that order as well as its very existence. Rather than cooperate, owner Ladar Levison has decided to close the doors on his 10-year-old company. In his letter
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 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.
The Eleventh Circuit Court of Appeals said no this week to tracking your movements using data from your cell phone without a warrant when it declared that this information is constitutionally protected.
Reed Hundt proposes democratic action in response to our government’s secret infrastructure for monitoring and controlling modern communications. “Citizens,” he writes, “should be encouraged to take action on behalf of their own privacy and security.”
Yesterday afternoon, the White House put out a statement describing its vulnerability disclosure policies: the contentious issue of whether and when government agencies should disclose their knowledge of computer vulnerabilities. The statement falls far short of a commitment to network security for all and fails to provide the reassurance the global public needs in the midst of the NSA’s security scandal.
"If Facebook’s allegations in the civil complaint are accurate, the federal government could have grounds for a criminal case against NSO Group, said Jennifer Granick, surveillance and cybersecurity counsel with the American Civil Liberties Union. Facebook, in the court filing, said “the NSO group had a level of awareness about how the software was being used by its customers and maybe also where or what the target devices were,” she said.
""You can pull a lot of information off of a device with Bluetooth," Jennifer Granick, surveillance and cybersecurity counsel at the ACLU Speech, Privacy, and Technology Project told Mashable over the phone. "There are a lot of identifiers on phones and ultimately you can aggregate and find out who people are and other details about their lives. The potential for privacy invasion is really big there.""
""The technology that flags these things doesn't know the truth," said Jennifer Granick, surveillance and cybersecurity counsel at the ACLU Speech, Privacy, and Technology Project. "Whether someone goes to jail or is put in a mental health facility, that takes a level of review and sensitivity far more than something that reviews a billion posts can actually accomplish."
"Riana Pfefferkorn, associate director of surveillance and cybersecurity at Stanford University’s Center for Internet and Society, said the strategy provided a false choice. "There’s this fundamental gut-level disgust that basically everyone has for the abuse of children,” Pfefferkorn said. “So, you can paint people who are trying to protect security and enhance [digital] protections as unsympathetic to preventing child sex abuse. I think it’s extremely cynical.”
Concerns are growing around privacy and government surveillance in today’s hyper-connected world. Technology is smarter and faster than ever — and so are government strategies for listening in.
Come meet CIS and hear about our exciting work and ways to get involved.
On January 19, 2012, Kim DotCom was arrested in a dramatic raid after being indicted on federal criminal charges that he knew that his website, MegaUpload, was a haven of piracy and counterfeiting. In the days that followed, the media commented on the presumed guilt of MegaUpload. In this debate, Jim argues that the law and evidence clearly point to MegaUpload's officers being found guilty, while Jennifer will argue that the MegaUpload case is built on unprecedented and wrongheaded interpretations of copyright law, and thus the principles should be found not guilty.
Prompted by the Google Street View WiFi sniffing scandal, the question of whether and how the law regulates interception of unencrypted wireless communications has become a hot topic in the courts, in the halls of the FCC, on Capitol Hill, and in the security community. Are open WiFi communications protected by federal wiretap law, unprotected, or some strange mix of the two? (Surprise: it may be the last one, so you'll want to come learn the line between what's probably illegal sniffing and what's probably not.)
Has it really been 15 years? Time really flies when keeping up with Moore's law is the measure. In 1997, Jeff Moss held the very first Black Hat. He gathered together some of the best hackers and security minds of the time to discuss the current state of the hack. A unique and neutral field was created in which the security community--private, public, and independent practitioners alike—could come together and exchange research, theories, and experiences with no vendor influences. That idea seems to have caught on. Jeff knew that Black Hat could serve the community best if it concentrated on finding research by some of the brightest minds of the day, and he had an uncanny knack for finding them.
Jennifer Granick, Director of Civil Liberties, is in this episode discussing Stingray technology.
"Truth and Power" highlights Daniel Rigmaiden, the young tech-genius who exposed STINGRAY - a secret government surveillance technology that hacks into your cell phones. All New Episodes - Fridays at 10 p.m. ET / PT on Pivot. Learn more at http://bit.ly/TruthAndPowerPivot.
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""The phone companies may already have data retention obligations under the Communications Act, but there's no additional obligation as a result of USA Freedom having passed," says Jennifer Granick, director of civil liberties at Stanford University's Center for Internet and Society.
"A year ago, a European Court said people had a right to demand Google take down certain search results about them. Theright to be forgotten was born.
“That idea is spreading in some areas,” says Jennifer Granick, Director of Civil Liberties for the Stanford Center for Internet and Society.
Jennifer Granick, Director of Civil Liberties, presented her work with the Stanford Center for Internet and Society, and the impacts of Edward Snowden.