High Res Photo of Jennifer Granick
Photo credit: Michael Sugrue
Last Friday, a New York federal judge joined in the contentious current debate over whether tech companies should be forced to provide law enforcement the ability to decipher encrypted data stored on smartphones and in the cloud.
In two years, section 702 of the FISA Amendments Act will expire. It is essential the public to have confidence that any reforms to section 702 will actually address problems with PRISM and Upstream surveillance. To get that confidence, we have to know a lot more about how the intelligence community is using section 702. That understanding requires more investigation.
Today we sent a letter to lawmakers expressing security experts' opposition to the Cybersecurity Information Sharing Act (CISA) as well as two other pending bills that purport to be about security information sharing, the Protecting Cyber Networks Act (PCNA), and the National Cybersecurity Protection Advancement Act of 2015. These experts agree that the information sharing bills unnecessarily waive privacy rights because they focus on sharing information beyond that needed for cybersecurity.
Reply brief in support of January 2019 objections to magistrate judge's report and recommendation.
"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.
"3. How to push back against law enforcement requests
"“How can we tell if the court process is legitimate if so much of it is under seal?” asked Jennifer Granick, director of civil liberties at Stanford Law School’s Center for Internet and Society."
"“The lawsuit is asking for two things,” said Jennifer Granick, the director of civil liberties at Stanford’s Center for Internet and Society.
“That people be notified eventually, if they are spied on, and, two, it’s asking for a much more scrupulous and discriminating use of gag orders, which are now seemingly routine when they are supposed to be extraordinary.”"
"However, it's unclear how Microsoft's lawsuit will fare. It would be "premature to guess" how successful Microsoft is likely to be, Jennifer Granick, the director of civil liberties at the Stanford Center for Internet and Society, said in an email."
Eight years ago, Barack Obama arrived in Washington pledging to reverse the dramatic expansion of state surveillance his predecessor had presided over in the name of fighting terrorism. Instead, the Obama administration saw the Bush era’s “collect it all” approach to surveillance become still more firmly entrenched. Meanwhile, the advanced spying technologies once limited to intelligence agencies have been gradually trickling down to local police departments.
Join Mozilla and Stanford CIS for the second installment in a series of conversations about government hacking. Information from our first event, discussing the upcoming changes to Federal Rule of Criminal Procedure 41, are available at that event’s page here.
On December 1, 2016, significant and controversial changes to Federal Rule of Criminal Procedure 41 are scheduled go into effect. Today, Rule 41 prohibits a federal judge from issuing a search warrant outside of the judge’s district, with some exceptions.Traditionally, federal judges may only issue warrants that will be executed within their own districts. The revised Rule 41 would permit judges to issue search and seizure warrants for computers outside their jurisdictions, in two circumstances: if the computer’s true location has been hidden through technological means (such as Tor), or, in a computer-hacking investigation under the CFAA, if the affected computers are located in five or more districts.
Stanford CIS brings together scholars, academics, legislators, students, programmers, security researchers, and scientists to study the interaction of new technologies and the law and to examine how the synergy between the two can either promote or harm public goods like free speech, innovation, privacy, public commons, diversity, and scientific inquiry. Come hear CIS Directors Jennifer Granick + Daphne Keller and Resident Fellows Riana Pfefferkorn + Luiz Fernando Marrey Moncau talk about our work, and the assistance CIS provides to students in learning about these issues, selecting courses, identifying job opportunities, and making professional connections.