High Res Photo of Jennifer Granick
Photo credit: Michael Sugrue
NOVEMBER 1 UPDATE: I fixed the chart to correctly reflect that both bills authorized Amici participation and also allow the Constitutional Advocate to initiate and appeal to the FISA Court of Appeals.
I have a new post up at Just Security today. In it, I point to the fact that ongoing NSA revelations show that significant surveillance activities are taking place without either Foreign Intelligence Surveillance Court (FISC) or congressional oversight, even though these policies directly impact Americans’ privacy. For example, this past Sunday, the Washington Post reported that the
Ongoing revelations show that significant NSA surveillance activities take place outside of either Foreign Intelligence Surveillance Court (FISC) or congressional oversight, even though these policies directly impact Americans’ privacy. These activities should, at the very least, be subject to congressional review, since American interests are being adversely impacted by them.
In my latest blog post at Just Security, I discuss a new bipartisan bill co-sponsored by Senators Wyden and Udall, two of the most vocal critics of the NSA, as well as Senators Rand Paul (R-KY) and Richard Blumenthal (D-CT). The Intelligence Oversight and Surveillance Reform Act's language is not available yet, but a two-page fact sheet explains its provisions.
Reply brief in support of January 2019 objections to magistrate judge's report and recommendation.
"If voice-based accent detection can determine a person’s ethnic background, it opens up a new category of information that is incredibly interesting to the government, said Jennifer King, director of consumer privacy at Stanford Law School’s Center for Internet and Society.
“If you’re a company and you’re creating new classifications of data, and the government is interested in them, you’d be naive to think that law enforcement isn’t going to come after it,” she said.
"“The question in these cases often is, ‘What’s the minimum of interference?’ ” said Jennifer Granick, surveillance and cybersecurity counsel at the American Civil Liberties Union."
"The Apple-FBI fight over encryption was a rare event. Most of the time, the public never has a clue when authorities come knocking and ask a company for “technical assistance” to help get access to digital communications. That makes the true scale of U.S. government surveillance hard to assess—even if we can glean that it’s pervasive nowadays. And probably equally as important, it doesn’t really allow the public to tell just how difficult it is for prosecutors to convince a judge that communications should be turned over.
"Jennifer Granick had harsh words at the Our Security Advocates Conference for the growing state of mass surveillance and government hacking in the United States.
Granick, surveillance and cybersecurity counsel at the American Civil Liberties Union, took the stage at OURSA on Tuesday to discuss the state of modern surveillance and hacking performed by the U.S. government, arguing that both cross the line of traditional legal searches.
"Jennifer Granick, surveillance and cybersecurity counsel at the American Civil Liberties Union (ACLU), noted that “increasingly, modern surveillance is mass surveillance” which can be facilitated by new technologies and the internet.
Secretive large scale surveillance differs from warrant-directed searches by the volume and depth of data and could be abetted by the ease of converting in-home appliances with microphones and cameras into “surveillance machines”, she said."
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.