High Res Photo of Jennifer Granick
Photo credit: Michael Sugrue
Over at Just Security, I have a new piece on the Washington Post's interesting story about the increasingly aggressive role some federal magistrate judges are playing in policing criminal investigations involving digital media.
Today the Fourth Circuit refrained from deciding the first legal challenge to government seizure of the master encryption keys that secure our communications with web sites and email servers. Nevertheless, the Court upheld contempt of court sanctions, because of the Lavabit owner’s foot dragging during proceedings. Lavabit had failed to raise the substantive issues below, it decided, thus precluding appellate review.
Today I filed comments with the Privacy and Civil Liberties Oversight Board (PCLOB) in connection with its hearing on section 702 of the FISA Amendments Act. That law is the legal basis for the PRISM surveillance program and involves warrantless collection of communications contents via targeting non-U.S. individuals or entities reasonably believed to be located abroad. I've written previously about questions the PCLOB should investigate with regards to section 702.
Last week, the New York Times reported that the U.S. is spying on router company Huawei to get information about the Chinese government and to learn how to surveil our allies and other countries that might purchase Huawei routers. On Just Security, I refute the argument of some that it is not “in the public interest to reveal how democracies spy on dictatorships”.
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."
"Some people writing on intelligence and surveillance note that close working relations such as this can allow intelligence agencies to evade domestic controls. Jennifer Granick, in her new Cambridge University Press book, American Spies: Modern Surveillance, Why You Should Care, and What To Do About It, notes that Five Eyes countries aren’t supposed to spy on one another’s citizens. However, she says that the NSA has prepared policies that would allow it to spy on Five Eyes citizens without permission. She furthermore suggests that:
"Although it would be “unheard of” for the federal government to prosecute a company for using leaked classified information to improve its products, there “are some issues with the fact that the information is classified,” said Jennifer Granick, director of civil liberties at Stanford Law School’s Center for internet and Society.
Given uncertainty about the views of the Justice Department, “I can see why legal counsel at big companies might hesitate to reach out to Julian Assange to negotiate access to classified information,” she said."
"While WikiLeaks has often been criticized for releasing sensitive data without regard for the consequences, Mr. Assange is acting responsibly this time, said Jennifer Granick, the director of civil liberties at the Stanford Center for Internet and Society. WikiLeaks redacted the actual computer code for C.I.A. exploits from its initial release to avoid spreading such cyberweapons.
“He is trying to do the right thing,” Ms. Granick said."
"“Spying is thriving” because little is understood about how pervasive it is.
Jennifer Granick, CIS Director of Civil Liberties will be a speaker at World Affairs 2014.
“The best venue for a timely, honest discussion about our world and where it is going.”
WorldAffairs offers fresh insights and new perspectives on current global topics. This year's program will spotlight the critical issues and countries poised to impact our world and affect our decision making.
Come meet CIS and hear about our exciting work and ways to get involved.
RSVP for the event here: https://www.facebook.com/events/520390394700141/
Come out to rally for your privacy and learn about surveillance from a distinguished group of speakers this Sunday afternoon at Embarcadero Plaza!
This Conference is cordially hosted by Stanford Law School and Peking University, and is sponsored by Tencent, China’s largest Internet company and one of the largest worldwide, and Microsoft, the largest software maker in the world. The main organizers include the China Guiding Cases Project, the Stanford Program in Law, Science, & Technology, the China Law and Policy Association, and the Stanford Law School Programs.