High Res Photo of Jennifer Granick
Photo credit: Michael Sugrue
In September 2016, we filed a Petition in the Northern District of California (the federal district court for the Bay Area and much of Northern California) asking the court to unseal years’ worth of surveillance matters filed there. We had our first hearing before the court on May 4.
Senator Chris Coons, Democrat from Delaware, offered a bill today that would delay implementation of proposed changes to Federal Rule of Criminal Procedure 41 for six months. Stanford’s Center for Internet and Society and Mozilla have been studying issues related to government hacking including the Rule 41 changes.
Researchers at the Stanford Center for Internet and Society (CIS) filed a petition yesterday seeking to unseal judicial records in San Francisco federal district court. Their goal is to reveal how the federal government uses U.S. law to obligate smartphone manufacturers and Internet companies to decrypt private user data, turn over encryption keys, or otherwise assist law enforcement with digital surveillance.
On Monday, I wrote a post for Just Security where I reflected on last week's news concerning the FBI's attempts to coerce Apple into creating a forensic bypass to the iPhone passcode lockout. I wrote that we live in a software-defined world. In 2000, Lawrence Lessig wrote that Code is Law — the software and hardware that comprise cyberspace are powerful regulators that can either protect or threaten liberty. A few years ago, Mark Andreessen wrote that software was eating the world, pointing to a trend that is hockey sticking today. Software is redefining everything, even national defense.
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.
Reply brief of Movants-Appellants EFF, ACLU, and Riana Pfefferkorn to the Ninth Circuit in our appeal from the district court's denial of our motion to unseal filings in a sealed case wherein the Department of Justice allegedly sought to compel Facebook to comply with a wiretap order for Facebook's end-to-end encrypted voice calling app, Messenger.
Opening brief of Movants-Appellants EFF, ACLU, and Riana Pfefferkorn to the Ninth Circuit in our appeal from the district court's denial of our motion to unseal filings in a sealed case wherein the Department of Justice allegedly sought to compel Facebook to comply with a wiretap order for Facebook's end-to-end encrypted voice calling app, Messenger.
Brief of amici curiae ACLU, ACLU of Georgia, and Riana Pfefferkorn in support of appellant Victor Mobley in Mobley v. State, a Georgia Supreme Court case presenting the question of whether the Fourth Amendment requires a warrant for the seizure of digital data stored by a vehicle -- specifically, a car's event data recorder (EDR).
Reply brief in support of January 2019 objections to magistrate judge's report and recommendation.
"“The lawsuit is asking for two things,” said Jennifer Granick, the director of civil liberties at Stanford’s Center for Internet and Society.
“That people be notified eventually, if they are spied on, and, two, it’s asking for a much more scrupulous and discriminating use of gag orders, which are now seemingly routine when they are supposed to be extraordinary.”"
"n addition, defense counsel would undoubtedly demand the right for their own third-party experts to have access not only to the source code, but to further demand the right to simulate the testing environment and run this code on their own systems in order to confirm the veracity of evidence.
"While some proponents of both have laudable goals–protecting the intellectual property of innovators and building intelligence that can save lives–the dangers posed by each are significant.
Technologists have warned about both at length. Jennifer Granick, for example, described in excellent detail the risk of creating a world in which black boxes make life-and-death decisions that cannot be reliably audited. Apple and others have described the risk of backdoor exploits being obtained and abused by criminals.
""The justices had phones [by 1967], and they knew that they talked about their most private stuff on those phones," says Jennifer Stisa Granick, director of civil liberties at the Stanford Center for Internet and Society. "So a case that considered warrantless wiretapping looks a lot different. ... And I think that same exact dynamic is happening here.""
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.
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 appears at 46:44.
Ask Americans what the Constitution’s most important feature is, and most will say it’s the guarantees of liberty enshrined in the Bill of Rights, the first ten amendments of the Constitution.
Americans are fiercely proud of their freedoms but they continue to argue about what those basic rights are and how they can be sustained in a changing world. Are our rights unchangeable, or should they evolve over time? What is the proper role for the courts in interpreting rights?