Civil Liberties
1,361 Articles

The CIA’s New Guidelines for Handling Americans’ Information
In acknowledgment of the mass scale of modern electronic intelligence collection, the Central Intelligence Agency today released newly updated guidelines governing how it treats…

The Supreme Court, the Trump Transition, and the Future of the Constitutional “Border”
With all due respect to the Emoluments Clauses, perhaps the most important set of constitutional questions implicated by the presidential transition involves the individual…

The President-Elect and the Logan Act
The Washington Post‘s David Ignatius has a really thoughtful new column summarizing the big questions surrounding the President-Elect, Russia, hacking, and the election. As…

Looking back at 2016, A Status Check on Government Hacking
Last year, the ongoing encryption debate took a backseat to a steady drip of stories and developments related to government hackings. This set the stage for a set of policy and…

A New Era of Mass Surveillance is Emerging Across Europe
The world was a different place when, in October 2015, the Court of Justice of the European Union (CJEU) struck down the “Safe Harbour” data-sharing agreement that allowed…

The 16 Most Popular Just Security Posts of 2016
Before we turn our attention to 2017, we thought we’d look back at the 16 most popular posts on Just Security over the past year. The topics include everything from surveillance…

Recent Rule 41 Changes: A Catch-22 for Journalists
In early December, the final effort in the Senate to delay amendments to Rule 41 of the Federal Rule of Criminal Procedure was blocked, putting the updates into effect and making…

Recommended Holiday Reading from Just Security’s Editors
Just in time for holiday shopping, we asked some of our Just Security editors to help put together a reading list, partly with the incoming Trump administration in mind. We asked…

The (Potentially) Monumental Significance of the Jennings Supplemental Briefing Order
On November 30, the US Supreme Court heard oral argument in Jennings v. Rodriguez—a case that arises from three categories of immigration detention in which…

The Ninth Circuit’s Constitutional Detour in Mohamud
The Ninth Circuit’s decision in United States v. Mohamud continues a trend of disappointing decisions by lower courts on the constitutionality of FISA Section 702 surveillance.…

The Economic Incentives for International Cybersecurity Coordination
On Friday, the President’s Commission on Enhancing National Cybersecurity published its final report, making 16 recommendations and identifying 53 action items to improve cybersecurity…

Muslim Terrorism Suspects and Public Support for Harsh Interrogation and Detention
What can social scientific evidence tell us about whether Americans are more likely to support harsh interrogation, prosecution, and detention policies if a detainee or suspect…