High Res Photo of Jennifer Granick
Photo credit: Michael Sugrue
Today’s reporting by the Intercept calls into question whether the NSA minimizes so-called metadata relating to Americans’ digital communications and telephone calls. This is one of the questions I implored the Privacy and Civil Liberties Oversight Board (PCLOB) to get to the bottom of. It is a question that PCLOB Chairman David Medine thought the Board had a definitive—affirmative--answer to. But today’s story shows doubt still plagues our understanding of how the NSA’s information collection affects American privacy.
TL;DR: A little bit, but not enough.
Yesterday, the Privacy and Civil Liberties Oversight Board (PCLOB) issued a massive report about the legally and technologically complicated government surveillance program operating under section 702 of the FISA Amendments Act
Today, the Eleventh Circuit rejected the exceedingly common law enforcement practice of warrantlessly tracking suspects’ physical location using cell phone tower data. The opinion, United States v. Davis, is both welcome and overdue. Defendants who have and will be physically tracked without a warrant have new legal support to challenge that surveillance.
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."
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks ahead to key developments on the horizon.
"Storing passwords in an encrypted format is “not just best practice, it’s something that industry should always do,” said Jennifer Granick, a lawyer with the American Civil Liberties Union. “Facebook’s failure to do that will really upset the FTC,” she said"
"Jennifer Granick, attorney with ACLU, points out that the arguments, or those engaging in them, are often paradoxical. The same people who don’t want Facebook to restrict job searches to people of certain age or housing by ethnicity may want Facebook to remove what they consider hateful speech. The social media companies also talk from both sides of their mouth, arguing like media companies that they need to cover both sides of, say, political issues, but then pooh-poohing calls for the kind of regulation media companies have.
"How long have you operated with that assumption?
Probably 20 years. I had an incident occur in my hotel room at Black Hat. My room was broken into, and my tech was compromised. They pulled the hard drive out of the wall safe, plugged it into my Linux laptop, booted it up off of a different drive, and then accessed files and copied it. Then they put the drive back in the safe.
"“There’s a secretive process with no real appeal where people are making extremely difficult subjective calls that have to do with politics, culture and religion,” said Jennifer Granick, an attorney with the American Civil Liberties Union. “This example shows why it is dangerous. If I want to find good information about vaccines, I can’t find it.”"
"Jen King, director of consumer privacy at Stanford’s Center for Internet and Society, thinks it's a sign Facebook may be ready to actually take privacy seriously. "It's possible that Facebook has finally gotten the memo and is really trying to make change," King told WIRED.