Courts & Litigation
Just Security’s expert authors offer analysis and informational resources on key litigation impacting national security, rights, democracy, and the rule of law. Our content spans domestic and international litigation, from cases at the International Court of Justice, the International Criminal Court, and other international and regional tribunals, to those in U.S. courts involving executive branch actions, transnational litigation, and more.
2,973 Articles
Huawei Hacking is a Security Scandal
You probably won’t be surprised to learn that people who are neither naïve nor who hate freedom can reasonably disagree with Edward Lucas and his post from this morning…
International Proscriptions on Mass Surveillance (or What’s Missing in the Greenwald vs. Wittes Debate)
[Editor’s Note: On Tuesday, Ben Wittes and Ashley Deeks over at Lawfare replied to the following post. And Ryan has since posted a rejoinder to Ben and Ashley.] This weekend’s…
The So-Called Huawei Scandal and the Snowden Operation
We should spy on China. And Russia. And Iran. And plenty of other countries too. They are our political, diplomatic and economic competitors and enemies. And they spy on us. If…
DiFi vs CIA
More than a few folks have commented on the irony of Sen. Dianne Feinstein—perhaps the most vigorous defender of NSA’s controversial surveillance programs—flipping into…
Constitutional Conflict & Congressional Oversight
This week has seen a long-smoldering Senate investigation of CIA torture allegations burst into a public conflagration between the CIA and the Senate Select Committee on Intelligence.…
Crime, Sentencing and the War on Terror: Further Thoughts on the Al Darbi Plea
Last month, Ahmed Muhammed Haza al Darbi became the sixth Guantanamo detainee to plead guilty to war crimes before a military commission. The U.S. has accused al Darbi of various…
ACLU Takes Phone-Records Challenge to Appeals Court
The ACLU has just filed its opening brief in the Second Circuit in its challenge to the NSA’s phone-records program. The brief—the first appellate brief to be filed in any…
Miranda: Blame Parliament Before Blaming the Courts
In August 2013, David Miranda, partner of journalist Glenn Greenwald, was transiting through Heathrow, on his way from Germany to Brazil when he was detained and searched under…
More Executive-Minded than the Executive
The English judiciary continues to show its habit of subservience to the government on security matters. In August 2013, David Miranda, who was carrying a hard disk with files…
Al Darbi Pleads Guilty but Questions Remain [UPDATED re AE168]
In news today from the military commissions in Guantanamo Bay, Ahmed Mohammed Ahmed Haza al Darbi pled guilty to charges brought against him—charges which arose from his role…
Information Cascades and Intelligence Oversight
Sen. Blumenthal opened a recent surveillance oversight hearing by hammering an important point from the Privacy and Civil Liberties Oversight Board’s thorough report on the…
Why Does Microsoft Want a Global Convention on Government Access to Data?
Last month, Brad Smith, the General Counsel of Microsoft, called for an international convention on government access to consumer data (he was at Davos, so presumably he uploaded…