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
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.
Last week, we argued that the public discussion surrounding two of the government’s most controversial mass surveillance programs – PRISM and Upstream – has not sufficiently acknowledged the broad scope of collection under these programs, which take place under section 702 of the Foreign Intelligence Surveillance Act (FISA). In short, hiding behind the counterterrorism justifications for section 702 is a broad surveillance program that sucks up massive amounts of irrelevant private data.
The legal authority behind the controversial PRISM and Upstream surveillance programs used by the NSA to collect large swaths of private communications from leading Internet companies – Section 702 of the Foreign Intelligence Surveillance Act (FISA) – is scheduled to expire on December 31, 2017. In recent months, Congress began to review these programs to assess whether to renew, reform, or retire section 702. Unfortunately, it appears the debate has already been skewed by misconceptions about the true scope of surveillance conducted under the contentious provision.
Slides from the BlackHat 2016 presentation by Jennifer Granick and Riana Pfefferkorn titled "When the Cops Come A-Knocking: Handling Technical Assistance Demands from Law Enforcement."
"“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.
"“Normally we think of the judiciary as being the overseer, but as the technology has gotten more complex, courts have had a harder and harder time playing that role,” said Jennifer Granick, surveillance and cybersecurity counsel at the American Civil Liberties Union. “We’re depending on companies to be the intermediary between people and the government.”"
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.
Three dimensional printing turns bits into atoms. The technology is simply amazing. These machines draw on programming, art and engineering to enable people to design and build intricate, beautiful, functional jewelry, machine parts, toys and even shoes. In the commercial sector, 3D printing can revolutionize supply chains as well. As the public interest group Public Knowledge wrote once, "It will be awesome if they don't screw it up."
Jennifer Granick appears at 46:44.
Ask Americans what the Constitution’s most important feature is, and most will say it’s the guarantees of liberty enshrined in the Bill of Rights, the first ten amendments of the Constitution.
Americans are fiercely proud of their freedoms but they continue to argue about what those basic rights are and how they can be sustained in a changing world. Are our rights unchangeable, or should they evolve over time? What is the proper role for the courts in interpreting rights?