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
The Internet is under threat, mostly from governments. We need companies to help people stand up to government threats, but companies cannot solve the problems for us. This is what I told the audience on Thursday, at an event co-hosted by CIS and the Program on Liberation Technology.
Tomorrow, all five members of the Privacy and Civil Liberties Oversight Board (PCLOB) will testify before the Senate Judiciary Committee about their recent report concluding that the National Security Agency’s (NSA) bulk collection of phone records under section 215 is illegal and ill-advised. Meanwhile, the PCLOB is gearing up to report in a few months its conclusions regarding mass surveillance of the content of Internet transactions under section 702 of the FISA Amendments Act
Today, Stanford’s Center for Internet and Society joins Greenpeace, Mozilla, Electronic Frontier Foundation, the Libertarian Party, and an array of ideologically diverse groups in The Day We Fight Back against mass surveillance.
Yesterday, I wrote generally about the problems with section 702 of the FISA Amendments Act (FAA). Today I focus on categories of information—including content—that NSA collects under section 702 but maybe never minimizes—meaning one of the few safeguards for U.S. person privacy is non-existent. In short, since the thirteen-page 702 minimization procedures only apply to communications, and since today's NSA probably excludes unshared cloud-stored data from the definition of communications, it's possible no minimization rules apply to protect American privacy.
I've written a lot about the problems with the FISA Amendments Act and section 702, which 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.
Today, the Office of the Director of National Intelligence (ODNI) announced that it would stop some of the surveillance it conducts on the telecommunications backbone under authority granted by section 702 of the FISA Amendments Act.
On Wednesday, the Republican chair of the House Intelligence Committee, Devin Nunes (R-CA), gave a press conference in which he reported that Trump transition team members’ communications were intercepted by US intelligence agencies through “incidental collection.” This follows on Nunes’ concerns, after Michael Flynn stepped down following intelligence reports that he had talked to the Russian ambassador.
Does the House Permanent Select Committee on Intelligence understand intelligence gathering?
After all, that committee is charged with oversight over the United States’ vast surveillance bureaucracy. And yet, comments from the chair of the committee, Rep. Devin Nunes (R-Calif.), suggest that he is unclear on the concept.
"“We are thinking very much about functionality. What happens if the box is taken? Then obviously, if the box is taken we have technological concerns about the contents escaping,” Granick said. She added, “if someone does either subpoena or hack their way into the box we need to make sure that they’re not going to be able to see anything, without any opportunity for us to get into court to challenge it."
"“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.
The American Bar Association White Collar Crime Committee Presents:
The Internet’s Own Boy: A Discussion Of U.S. v. Aaron Swartz And The Prosecution And Defense Of Cyber-Crime
Featuring Brian KNAPPENBERGER, Filmmaker And Director Of The Internet’s Own Boy, Jennifer GRANICK, Director Of Civil Liberties For The Center For Internet And Society At Stanford Law School, And More.
Only LLM and SPILS students are invited.
Lunch will be provided.
Please join Giancarlo Frosio and Jennifer Granick on Tuesday for a presentation on the activities of the Stanford Intermediary Liability Lab (SILLab).
Because of Edward Snowden’s remarkable public service, we know that the National Security Agency, with the cooperation of some large firms, has amassed an unprecedented database of personal information. The ostensible goal in collecting that information is to protect national security. The effect, according to Reed Hundt, is to undermine democracy.
Come meet CIS and hear about our exciting work and ways to get involved.
You will meet:
Barbara van Schewick - Associate Professor of Law and Helen L. Crocker Faculty Scholar at Stanford Law School, Director of Stanford Law School’s Center for Internet and Society, and Associate Professor (by courtesy) of Electrical Engineering, Stanford University
Jennifer Granick - Director - Civil Liberties
Aleecia McDonald - Director - Privacy
Jennifer Granick talks about how notions of privacy have changed over the years and where she thinks things are headed in the future. She is a professor at the Stanford School of Law and Director of Civil Liberties at the Center for Internet and Society, where she specializes in the intersection of engineering, privacy and the law.
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).
In this week's feature interview we're chatting with Stanford's very own Jennifer Granick about a recent ruling in a Virginia court that appears to give the FBI permission to hack into any computer it wants, sans warrant. Well that's what the headlines are screaming, anyway. But as you'll hear, it's not quite that black and white.
""What was remarkable was that the public hadn't seen the argument surfaced," says Jennifer Granick at the Stanford Center for Internet and Society. She says Judge Orenstein was trying to stoke a public debate. "Judge Orenstein had concerns about whether the government's legal argument was a valid legal argument."