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.
Objections to Magistrate Judge's Report and Recommendation to deny the Petition, plus supporting documents (supporting declaration of Jennifer Granick, administrative motion, proposed orders).
Last week, the Justice Department filed criminal charges against a North Korean operative for a malware attack that endangered hospital systems and crippled the computers of businesses, governments, and individuals around the world. Americans might be surprised to learn that the software used for this 2017 attack — known as “WannaCry” — was based on a hacking tool created by the U.S. government itself.
Included in this PDF are:
- Petitioners' Notice of Motion and Motion for Leave to file Motion for Reconsideration
- Exhibit A Petitioners' [Proposed] Notice of Motion and Motion for Reconsideration of the May 1, 2018 Order
- Declaration of Jennifer Stisa Granick in Support of Petitioners' Motion for Leave to File a Motion for Reconsideration
- [Proposed] Order Granting Petitioners' Motion for Leave to File Motion for Reconsideration Pursuant to Local Rule 7-9.
For decades, U.S. policies on international data sharing have balanced privacy, principles of comity (respect for the jurisdiction of other countries), and respect for Congress’ power to regulate foreign affairs. Foreign countries seeking data held by U.S. companies generally must follow a process laid out in Mutual Legal Assistance Treaties, or MLATs, which are agreements between governments that facilitate cooperation in investigations. Increasingly, however, countries have complained that the MLAT process in the U.S. is slow and that it allows the U.S.
Jennifer Stisa Granick, the Director of Civil Liberties at Stanford Law School’s Center for Internet and Society, is an expert in computer crime and security, electronic surveillance, security vulnerability disclosure, encryption policy, and the Fourth Amendment.
JENNIFER GRANICK, lecturer-in-law and director of civil liberties at the Stanford Center for Internet and Society, won the 2016 IIT Chicago-Kent College of Law/Roy C. Palmer Civil Liberties Prize for her book American Spies: Modern Surveillance, Why You Should Care, and What to Do About It.
The 2016 Chicago-Kent College of Law/Roy C. Palmer Civil Liberties Prize has been awarded to Laura K. Donohue for her book The Future of Foreign Intelligence: Privacy and Surveillance in the Digital Age (Oxford University Press 2016) and to Jennifer Stisa Granick for her book American Spies: Modern Surveillance, Why You Should Care, and What to Do About It (Cambridge University Press, forthcoming 2017).
"Jennifer Granick, director of Civil Liberties at the Stanford Center for Internet and Society, explained that separating the needs of law enforcement from the public’s rights under the Constitution is not as simple as it might seem. She calls this policy battle the third “crypto war.”
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.