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
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.
Encryption helps human rights workers, activists, journalists, financial institutions, innovative businesses, and governments protect the confidentiality, integrity, and economic value of their activities. However, strong encryption may mean that governments cannot make sense of data they would otherwise be able to lawfully access in a criminal or intelligence investigation.
Arguing that a defendant’s conviction for website hacking should be overturned because legitimate, highly valuable security and privacy research commonly employs techniques that are essentially identical to what the defendant did and that such independent research is of great value to academics, government regulators and the public even when – often especially when — conducted without a website owner’s permission.
Arguing that if the court should not compel Apple to create software to enable unlocking and search of the San Bernardino shooter’s iPhone, it will jeopardize digital and personal security more generally.
After the Estate of James Joyce refused to allow a scholar to quote Joyce in her book, we successfully defended her right under the fair use doctrine to use the quotes she needed to illustrate her scholarship. After we prevailed in the case, the Estate paid $240,000 of our client’s legal fees.
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.
"Jennifer Granick, an attorney and the director for civil liberties at the Center for Internet and Society at Stanford law school, writing after Swartz's death, said that ordinary prosecutorial tactics, such as the "horse-trading" that is plea-bargaining, become "extraordinary mistakes when the case is bogus or overcharged"."
As Jennifer Granick, director of civil liberties at the Stanford Center for Internet and Society, recently wrote: "'Authorization' gives great power to the computer system owner. That entity may unilaterally decide what is right and wrong on their system, and the [Computer Fraud and Abuse Act] brings the full force of federal law behind it. Yet outside of the computer context, crimes punish social wrongs, not merely offenses to personal or business preferences."
"But lost in the praise is the fact that such an amendment wouldn’t necessarily, as Jennifer Granick of the Center for Internet Law and Society observed days ago, have kept Aaron Swartz from being prosecuted."
"The level of precision that satisfies advertisers is very different from the amount of exactitude federal authorities need, said Jennifer Granick, director of civil liberties for Stanford University’s Center for Internet and Society."
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.
If you attended a recent march to protest, wrote a check to the ACLU, or recently visited a politically leaning website, consider yourself an activist, says Stanford legal scholar Granick. Not only might the government be watching you, but your digital footprint could end up being visible to people and organizations you never imagined would care. Know your risks and take safety precautions, advises Granick, or don’t be surprised at the troubling outcome.
In the post-Snowden era, we don't have to tell you how important it is to stay engaged with (and vigilant about) the surveillance state in America. Jennifer Granick is the Director of Civil Liberties at the Stanford Center for Internet and Society, and author of the new book American Spies — and this week she joins us for an in-depth discussion about the surveillance sta
Intelligence agencies in the U.S. (aka the American Spies) are exceedingly aggressive, pushing and sometimes bursting through the technological, legal and political boundaries of lawful surveillance.
The Snowden revelations, while dramatic, have done little to amp up public concern about personal surveillance.
After all, thanks to technology, electronic spying is cheap — so cheap the government can’t afford not to do it.
The internet makes access to information incredibly easy, and we normally see that as a good thing. But what if the information being accessed is details of our private lives? And what if the person accessing them is a government intelligence agency? This week we speak with Jennifer Granick, author of "American Spies" and director of civil liberties at the Stanford Center for Internet and Society, about the quest for privacy in the age of surveillance.