Mozilla� April Speaker Series

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Jennifer S. Granick

Director of Civil Liberties

Stanford Center for Internet and Society

Before Snowden

Wyden: “Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?”

Clapper: “No sir … not wittingly.” – March 2013

Before Snowden

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Mike Rogers: “They do not record your e-mails ... None of that was happening, none of it – I mean, zero.”

Snowden

Statute authorizing collection of data relevant to an authorized investigation to obtain foreign intelligence information not concerning a US person ….

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used to collect Americans’ phone records in bulk. �

Snowden: A is not A

• Target: what you want to know about
• Collect: when a human reads it
• Minimize: be allowed to use it
• Incidental: all the time

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Hogan Opinion

Section 702 sweeps up “substantial quantities” of information concerning U.S. persons.

How Many Americans?

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Intelligence community will not answer the question

Back Door Searches

Gov’t Argument

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“If we require our agents to write a full justification every time — think about if you wrote a full justification every time you used Google.”

Snowden

Statute targeting emails and phone calls of foreigners outside the U.S. …

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results in vast warrantless surveillance of Americans.

USA Freedom

• For communications records, specific selector associated with terrorism required.
• Financial dragnets?
• Phone record collection overseas or targeting foreigners?
• Hemisphere (records from AT&T)

Jennifer Stisa Granick

Cambridge University Press

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www.americanspies.com

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Available on Amazon

Follow on Facebook or Twitter

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@granick

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Cover: Pomegranate Design

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Website: Kona Foundry

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Secret Law