High Res Photo of Jennifer Granick
Photo credit: Michael Sugrue
Round Two of my debate with Orin Kerr about whether the bulk collection of phone call records is regulated by the Fourth Amendment is now published on the Just Security blog. In this round, I argue that normative considerations, including those associated with bulk data collection, are explicitly part of existing Fourth Amendment jurisprudence. The 1979 case of Smith v.
A new online platform launches today called Just Security, a forum on law, rights, and U.S. national security. Just Security aims to promote principled and pragmatic solutions to the problems decision-makers face in U.S. national security law and practice. The legal analysis and policy prescriptions proposed by Just Security will provide balanced and broad perspectives currently missing in the national security dialogue.
We here at CIS are delighted to welcome Giancarlo Frosio to our team. Giancarlo is our new Intermediary Liability Fellow, studying the ways that liabilities, immunities and safe harbors for global communications platforms affect freedom of expression and innovation online. Frosio is an Italian lawyer, fluent in several languages, with an S.J.D. and an LL.M. from Duke University Law School and an LL.M. from the University of Strathclyde in the U.K.
On July 30, 2013, I had the pleasure of having dinner with General Keith Alexander, Director of the National Security Agency. Just a few weeks earlier, NYU Law Professor Christopher Sprigman and I had called the NSA’s activities “criminal” in the digital pages of the New York Times, so I thought it was particularly gracious of him to sit with me. [more]
Today, Lavabit, an email service provider that promised its customers better privacy and security than other publicly available services, shut its doors. Reading between the lines of a cryptic message posted on the site’s homepage, about six weeks ago the service was served with some kind of demand for user information, as well as a gag order preventing the company from disclosing both the details of that order as well as its very existence. Rather than cooperate, owner Ladar Levison has decided to close the doors on his 10-year-old company. In his letter
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.
"Two lawyers and legal researchers based at Stanford University have formally asked a federal court in San Francisco to unseal numerous records of surveillance-related cases, as a way to better understand how authorities seek such powers from judges. This courthouse is responsible for the entire Northern District of California, which includes the region where tech companies such as Twitter, Apple, and Google, are based.
"The Stanford Center for Internet and Society's Jennifer Granick, director of civil liberties, and Riana Pfefferkorn, cryptography fellow, said at Black Hat 2016 that companies are often under no legal obligation to comply with law enforcement data requests, because data requests are not orders and even court orders are not the law.
"“If you’re ever asked to do something like this, you have a lot of strong legal arguments to say no,” said Jennifer Granick, the Director of Civil Liberties at the Stanford Center for Internet and Society in a Black Hat talk on Thursday. Granick and her Stanford colleague Riana Pfefferkorn, a Cryptography Fellow, ran down relevant laws and what’s currently known about their parameters and limits. They suggested that companies should plan ahead and assume that law enforcement agencies will eventually send them some kind of technical request—if they haven’t already.
"In a session at the Black Hat conference in Las Vegas, Stanford Center for Internet and Society director of Civil Liberties Jennifer Granick and Cryptography Fellow Riana Pfefferkorn, acknowledged that there is more information about us than ever before, with sensors both on and offline. All encryption is doing, they said, is removing a fraction of law enforcement.
"Touching on cases like the Snowden or the Lavabit incidents, the duo strongly emphasized that companies should start asking themselves a couple of questions before law enforcement actually comes knocking at their door. Knowing what they collect, how they store it, for how long, why, what can it access, does it encrypt data and where are keys stored – are only a few of them.
Jennifer Granick, Director of Civil Liberties, will speaking at the ISSA-LA Summitt.
More information: https://issalasummit9.wpengine.com/?page_id=285/#Granick
Title: American Spies, Modern Surveillance, and You