High Res Photo of Jennifer Granick
Photo credit: Michael Sugrue
Over at Just Security, I have a new piece on the Washington Post's interesting story about the increasingly aggressive role some federal magistrate judges are playing in policing criminal investigations involving digital media.
Today the Fourth Circuit refrained from deciding the first legal challenge to government seizure of the master encryption keys that secure our communications with web sites and email servers. Nevertheless, the Court upheld contempt of court sanctions, because of the Lavabit owner’s foot dragging during proceedings. Lavabit had failed to raise the substantive issues below, it decided, thus precluding appellate review.
Today I filed comments with the Privacy and Civil Liberties Oversight Board (PCLOB) in connection with its hearing on section 702 of the FISA Amendments Act. That law 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. I've written previously about questions the PCLOB should investigate with regards to section 702.
Last week, the New York Times reported that the U.S. is spying on router company Huawei to get information about the Chinese government and to learn how to surveil our allies and other countries that might purchase Huawei routers. On Just Security, I refute the argument of some that it is not “in the public interest to reveal how democracies spy on dictatorships”.
Last week, the Justice Department filed criminal charges against a North Korean operative for a malware attack that endangered hospital systems and crippled the computers of businesses, governments, and individuals around the world. Americans might be surprised to learn that the software used for this 2017 attack — known as “WannaCry” — was based on a hacking tool created by the U.S. government itself.
Included in this PDF are:
- Petitioners' Notice of Motion and Motion for Leave to file Motion for Reconsideration
- Exhibit A Petitioners' [Proposed] Notice of Motion and Motion for Reconsideration of the May 1, 2018 Order
- Declaration of Jennifer Stisa Granick in Support of Petitioners' Motion for Leave to File a Motion for Reconsideration
- [Proposed] Order Granting Petitioners' Motion for Leave to File Motion for Reconsideration Pursuant to Local Rule 7-9.
For decades, U.S. policies on international data sharing have balanced privacy, principles of comity (respect for the jurisdiction of other countries), and respect for Congress’ power to regulate foreign affairs. Foreign countries seeking data held by U.S. companies generally must follow a process laid out in Mutual Legal Assistance Treaties, or MLATs, which are agreements between governments that facilitate cooperation in investigations. Increasingly, however, countries have complained that the MLAT process in the U.S. is slow and that it allows the U.S.
"“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.
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.