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 report from the President’s Review Group on Intelligence and Communications Technologies–”Liberty And Security In A Changing World”—is impressive in a number of ways. Importantly, it pushes consideration of the privacy and civil liberties rights of non-U.S. persons into the policy debate. Old-school national security wonks commonly express distain for the idea that the U.S.
Today, the federal District Court for the District of Columbia held that the NSA's bulk telephone metadata collection program under the USA PATRIOT Act violates the 4th Amendment. This is a tremendously important ruling--the first time a public court has had the chance to rule on programs revealed by former NSA contractor Edward Snowden. Given the program's constitutional infirmities, it is more important than ever that Congress end this misuse of the USA PATRIOT Act. However, Deputy Attorney General James Cole testified earlier this week before the Senate Judiciary Committee that the NSA might continue its bulk collection of nearly all domestic phone call records, even if Congress does just that. The USA FREEDOM ACT has bipartisan sponsorship from dozens of lawmakers, all of whom agree that the core purpose of the bill is to end NSA dragnet collection of Americans’ communication data. Yet, Cole said that the reform legislation wouldn’t necessarily inhibit the NSA’s surveillance capabilities because “it’s going to depend on how the court interprets any number of the provisions that are in [the legislation].” Comments like this betray a serious problem inside the Executive Branch. The Administration and the intelligence community believe they can do whatever they want, regardless of the laws Congress passes, so long they can convince one of the judges appointed to the secretive Foreign Intelligence Surveillance Court (FISC) to agree. This isn’t the rule of law. This is a coup d’etat. Read more.
In the latest news report based on documents revealed by Edward Snowden, we’ve learned that the NSA creates profiles of porn viewing, online sexual activity and more from its vast database of Internet content and transactional data as part of a plan to harm the reputations of those whom the agency believes are radicalizing others through speeches promoting disfavored—but not necessarily violent—political views.
In a new post over at Just Security, I look at the recently declassified Foreign Intelligence Surveillance Court (FISC) opinions on bulk collection of Internet "metadata". These opinions show that, once again, the NSA has conducted illegal spying. The new documents reveal the National Security Agency’s (NSA) systemic violation of rules for domestic collection and use of Internet metadata.
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.
"Riana Pfefferkorn, associate director of surveillance and cybersecurity at Stanford University’s Center for Internet and Society, said the strategy provided a false choice. "There’s this fundamental gut-level disgust that basically everyone has for the abuse of children,” Pfefferkorn said. “So, you can paint people who are trying to protect security and enhance [digital] protections as unsympathetic to preventing child sex abuse. I think it’s extremely cynical.”
Concerns are growing around privacy and government surveillance in today’s hyper-connected world. Technology is smarter and faster than ever — and so are government strategies for listening in.
"“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.”"
To celebrate the one-year anniversary of the Stanford Cryptography Policy Project, we are holding an afternoon event highlighting our research and accomplishments over the past year. As our keynote speakers, it is our pleasure to welcome the Honorable Stephen W. Smith, Magistrate Judge of the Southern District of Texas, and Paul S. Grewal, former Magistrate Judge of the Northern District of California.
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).
On Wednesday, February 17, The Center on Democracy, Development and the Rule of Law at Stanford, The Center for International Governance Innovation, and the Research Advisory Network of the Global Commission on Internet Governance will present an all-day conference entitled "New Alliances in Cybersecurity, Human Rights and Internet Governance." The conference will discuss the challenges of creating a regime of internet governance that pays attention to security and human rights in the digital context.
Over the course of two days in February 2016, the Strauss Center at the University of Texas-Austin will host a unique and timely conference focused on the legal and policy dimensions of cybersecurity.
Jennifer Granick, Director of Civil Liberties, is in this episode discussing Stingray technology.
"Truth and Power" highlights Daniel Rigmaiden, the young tech-genius who exposed STINGRAY - a secret government surveillance technology that hacks into your cell phones. All New Episodes - Fridays at 10 p.m. ET / PT on Pivot. Learn more at http://bit.ly/TruthAndPowerPivot.
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""The phone companies may already have data retention obligations under the Communications Act, but there's no additional obligation as a result of USA Freedom having passed," says Jennifer Granick, director of civil liberties at Stanford University's Center for Internet and Society.
"A year ago, a European Court said people had a right to demand Google take down certain search results about them. Theright to be forgotten was born.
“That idea is spreading in some areas,” says Jennifer Granick, Director of Civil Liberties for the Stanford Center for Internet and Society.
Jennifer Granick, Director of Civil Liberties, presented her work with the Stanford Center for Internet and Society, and the impacts of Edward Snowden.