High Res Photo of Jennifer Granick
Photo credit: Michael Sugrue
The Librarian of Congress recently decided in their triennial DMCA exemption rule-making process to remove the existing exemption that allowed individuals to unlock their own mobile phones to use on the compatible network of their choice. As a result of this decision, individuals no longer have clear immunity to unlock new phones - thereby putting them in potential legal jeopardy.
In the face of efforts to reform the Computer Fraud and Abuse Act (CFAA), some buinesses have told lawmakers that the CFAA should be used to punish breach of contract where the breacher acted "for purposes of commercial advantage or private financial gain". Such a proposal does not fix the ability of prosecutors to go after people for disregarding terms of service.
Worse, the idea is unprecedented, dangerous and unacceptable.
The Hacker Manifesto lauds the world of the electron and the switch, where the talented are treated equally and the values of curiosity and exploration reign supreme. Yet studying computers, network security, and programming flaws can be a crime or civil offense. Just two examples: In Sony v. Hotz (2011), a case that eventually settled, Sony claimed that researchers who studied the way their own game consoles worked violated the CFAA.
Law professor and cybercrime expert Orin Kerr published a proposal to amend the Computer Fraud and Abuse Act (CFAA) to address the overcriminalization that he has been at the forefront of identifying and combatting. His current proposal, which very simply but comprehensively addresses a number of problems with the CFAA, is here.
By focusing purely on whether the service operator implements technological access barriers, the proposal risks a similar problem to the one that the current statute has, giving server owners plenary authority to criminalize the way members of the public interact with information made available online, but through “technological access barriers” rather than merely terms of service and employee agreements.
Yesterday, Representative Zoe Lofgren introduced on Reddit a bill to improve the Computer Fraud and Abuse Act in the wake of Aaron Swartz's suicide during the pendency of his prosecution for violating various provisions of that law and of the Wire Fraud Act. I've attached
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.
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).
"“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.”"
"In a Stanford CIS blog post, Pfefferkorn said she found hope in the opinion. “For one, the court rejected the government’s unfounded attempt to argue that we lack standing to seek to unseal these records at all,” she wrote. “It is well-established that members of the public have standing to seek to unseal sealed court records, and the court refused to depart from that settled law.
"Jennifer Granick, surveillance and cybersecurity counsel for the American Civil Liberties Union, told USA TODAY Sports that delayed-notice warrants often lack guidelines to protect bystanders caught during surveillance under a provision of the Patriot Act.
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.