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.
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.
""For practical reasons, the security bypass this court would order Apple to create almost certainly will be used on other iPhones in the future," computer security experts say in a brief compiled by Stanford Law School's Center for Internet and Society.
"This spread increases the risk that the forensic software will escape Apple's control either through theft, embezzlement, or order of another court, including a foreign government.""
"“The human equivalent of the company signing code is basically saying, ‘We believe that this code is safe for you to run,'” says Jennifer Granick, director of civil liberties for the Center for Internet and Society at Stanford Law School. “So I think that when you force Apple to cryptographically sign the software, it has a communicative aspect to it that I think is compelled speech to force them to do it.”
"“This case can’t be a one-time deal,” said Neil Richards, a professor at the Washington University School of Law. “This is about the future.”
"Lots of people, mainly those supporting the DOJ/FBI's view of the Apple fight, have been arguing that this isn't a big deal. They're just asking for one small thing. Other people have tried to examine "what's at stake" in the case, with a number of the arguments falling into the typical "privacy v. security" framing, or even something around precedents related to privacy and security. However, Jennifer Granick recently wrote a great piece that does a much better job framing what's truly at stake. It's not privacy vs.
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.
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".