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
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 a defendant’s conviction for website hacking should be overturned because legitimate, highly valuable security and privacy research commonly employs techniques that are essentially identical to what the defendant did and that such independent research is of great value to academics, government regulators and the public even when – often especially when — conducted without a website owner’s permission.
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.
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.
"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.
"“We are thinking very much about functionality. What happens if the box is taken? Then obviously, if the box is taken we have technological concerns about the contents escaping,” Granick said. She added, “if someone does either subpoena or hack their way into the box we need to make sure that they’re not going to be able to see anything, without any opportunity for us to get into court to challenge it."
"“YouTube as a private company is well within its rights,” said Jennifer Granick, a speech and technology expert at the American Civil Liberties Union. But “YouTube will make mistakes, and over-censor.”"
"Jennifer Granick, a surveillance and cybersecurity counsel with the ACLU, explains that the purpose of the law “isn’t necessarily to protect the tech companies, but to protect the American people in having a platform where you can post information and post our stories, because if the platforms were liable for information that their users publish, then they wouldn’t be able to publish that information. They would have to go through some kind of advanced review process.”"
To celebrate the one-year anniversary of the Stanford Cryptography Policy Project, we are holding an afternoon event highlighting our research and accomplishments over the past year. As our keynote speakers, it is our pleasure to welcome the Honorable Stephen W. Smith, Magistrate Judge of the Southern District of Texas, and Paul S. Grewal, former Magistrate Judge of the Northern District of California.
What kind of surveillance assistance can the U.S. government force companies to provide? This issue has entered the public consciousness due to the FBI's demand in February that Apple write software to help it access the San Bernardino shooter's encrypted iPhone. Technical assistance orders can go beyond the usual government requests for user data, requiring a company to actively participate in the government's monitoring of the targeted user(s).
On Wednesday, February 17, The Center on Democracy, Development and the Rule of Law at Stanford, The Center for International Governance Innovation, and the Research Advisory Network of the Global Commission on Internet Governance will present an all-day conference entitled "New Alliances in Cybersecurity, Human Rights and Internet Governance." The conference will discuss the challenges of creating a regime of internet governance that pays attention to security and human rights in the digital context.
Over the course of two days in February 2016, the Strauss Center at the University of Texas-Austin will host a unique and timely conference focused on the legal and policy dimensions of cybersecurity.
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.