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.
On Friday, Congress will vote on a mutated version of security threat sharing legislation that had previously passed through the House and Senate. These earlier versions would have permitted private companies to share with the federal government categories of data related to computer security threat signatures. Companies that did so would also receive legal immunity from liability under the Electronic Communications Privacy Act (ECPA) and other privacy laws.
Here’s the latest in the encryption case we’ve been writing about in which the Justice Department is asking Magistrate Judge James Orenstein to order Apple to unlock a criminal defendant’s passcode-protected iPhone. The government seized and has authority to search the phone pursuant to a search warrant.
Pending before federal magistrate judge James Orenstein is the government’s request for an order obligating Apple, Inc. to unlock an iPhone and thereby assist prosecutors in decrypting data the government has seized and is authorized to search pursuant to a warrant.
Last week, we wrote about an order from a federal magistrate judge in New York that questioned the government’s ability, under an ancient federal law called the All Writs Act, to compel Apple to decrypt a locked device which the government had seized and is authorized to search pursuant to a warrant.
""It differs in that the victim often wears a fur bikini, but is not otherwise an out-of-the-ordinary dispute over this issue in my opinion," Jennifer Granick, the director of civil liberties at the Stanford Center for Internet and Society, told Ars by e-mail."
"“The anonymous account holder is safe, for now,” said Jennifer Granick, the director of civil liberties at the Stanford Center for Internet and Society. “Perhaps the Department of Justice has learned a lesson. Perhaps the Trump administration may try to find the poster another way, for example by monitoring the government’s INS network.”"
"Jennifer Granick, the director of civil liberties at the Stanford Center for Internet and Society, called the government’s behavior “craven” and described the CBP summons as a “classic case of abuse”.
“For the government, a federal law enforcement officer, to not understand the very basics of protecting free speech and following the rule of law is egregious,” she said.
"“It seems like the government lied to Twitter about why it wanted the information,” says Jennifer Granick, Director of Civil Liberties at the Stanford Center for Internet and Society. “It’s not entitled to the information under the statutory authority it cites.”"
The Republican chair of the House Intelligence Committee, Devin Nunes has just said that Donald Trump’s communications were likely picked up by US intelligence agencies through “incidental collection.” Before Nunes’ statement, I interviewed Jennifer Stisa Granick, the director of civil liberties at Stanford University’s Center for the Internet and Society, about her new
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 will be presenting her paper Principles for Regulation of Government Surveillance in the Age of Big Data.
For more information visit: http://law.scu.edu/hightech/2013-internet-law-wip.cfm
Solutions to many pressing economic and societal challenges lie in better understanding data. New tools for analyzing disparate information sets, called Big Data, have revolutionized our ability to find signals amongst the noise. Big Data techniques hold promise for breakthroughs ranging from better health care, a cleaner environment, safer cities, and more effective marketing. Yet, privacy advocates are concerned that the same advances will upend the power relationships between government, business and individuals, and lead to prosecutorial abuse, racial or other profiling, discrimination, redlining, overcriminalization, and other restricted freedoms.
Have you ever borrowed a smartphone without asking? Modified a URL? Scraped a website? Called an undocumented API? Congratulations: you might have violated federal law! A 1986 statute, the Computer Fraud and Abuse Act (CFAA), provides both civil and criminal remedies for mere "unauthorized" access to a computer.
The Journal of National Security Law & Policy and The Georgetown Center on National Security and the Law proudly present "Swimming in the Ocean of Big Data: National Security in an Age of Unlimited Information".