High Res Photo of Jennifer Granick
Photo credit: Michael Sugrue
Yesterday's report from the independent Privacy and Civil Liberties Oversight Board, or PCLOB, confirms what Christopher Sprigman and I said back in June of last year in our New York Times Op Ed “The Criminal NSA”. The NSA’s telephone record metadata program, in which it collects the calling records of almost everyone inside the United States, is illegal. Amend that: it’s screamingly illegal. Flat out.
When should courts follow legal precedent and when should the law change? This is a debate that underlies this month’s contrary decisions about the constitutionality of government collection of telephone call metadata under section 215 of the USA PATRIOT Act. And despite this week’s dual holdings in favor of the government—on this issue and on the issue of laptop border searches—a judicial consensus may be emerging that the Fourth Amendment must evolve along with technology and government surveillance capabilities.
Yesterday, I wrote that the report from the President’s Review Group on Intelligence and Communications Technologies--"Liberty And Security In A Changing World”—suggests reforms that would improve U.S. surveillance law’s protection of the rights of foreigners. My non US-person friends seem underwhelmed, so I thought I’d take a moment to elaborate on the changes I’m talking about. Read More.
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).
"Two lawyers and legal researchers based at Stanford University have formally asked a federal court in San Francisco to unseal numerous records of surveillance-related cases, as a way to better understand how authorities seek such powers from judges. This courthouse is responsible for the entire Northern District of California, which includes the region where tech companies such as Twitter, Apple, and Google, are based.
"The Stanford Center for Internet and Society's Jennifer Granick, director of civil liberties, and Riana Pfefferkorn, cryptography fellow, said at Black Hat 2016 that companies are often under no legal obligation to comply with law enforcement data requests, because data requests are not orders and even court orders are not the law.
"“If you’re ever asked to do something like this, you have a lot of strong legal arguments to say no,” said Jennifer Granick, the Director of Civil Liberties at the Stanford Center for Internet and Society in a Black Hat talk on Thursday. Granick and her Stanford colleague Riana Pfefferkorn, a Cryptography Fellow, ran down relevant laws and what’s currently known about their parameters and limits. They suggested that companies should plan ahead and assume that law enforcement agencies will eventually send them some kind of technical request—if they haven’t already.
"In a session at the Black Hat conference in Las Vegas, Stanford Center for Internet and Society director of Civil Liberties Jennifer Granick and Cryptography Fellow Riana Pfefferkorn, acknowledged that there is more information about us than ever before, with sensors both on and offline. All encryption is doing, they said, is removing a fraction of law enforcement.
"Touching on cases like the Snowden or the Lavabit incidents, the duo strongly emphasized that companies should start asking themselves a couple of questions before law enforcement actually comes knocking at their door. Knowing what they collect, how they store it, for how long, why, what can it access, does it encrypt data and where are keys stored – are only a few of them.
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
Join Just Security for a fireside chat on the current state of U.S. surveillance and a celebration of Jennifer Granick‘s new book, American Spies: Modern Surveillance, Why You Should Care, And What to Do About It. Opening remarks by Senator Ron Wyden.
US intelligence agencies - the eponymous American spies - are exceedingly aggressive, pushing and sometimes bursting through the technological, legal and political boundaries of lawful surveillance. Written for a general audience by a surveillance law expert, this book educates readers about how the reality of modern surveillance differs from popular understanding.
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.