Democracy & Rule of Law
Just Security’s expert authors provide analysis on threats and challenges to democracy and the rule of law in the United States and globally. Coverage includes analysis of the separation of powers, good governance, democratic backsliding, authoritarianism, judicial independence, freedom of the press and association, and accountability for rule of law violations.
3,168 Articles
Hands Off Encryption! Say New Amici Briefs in Lavabit Case
The Fourth Circuit Court of Appeals is in the process of deciding the first legal challenge to government seizure of the master encryption keys that secure our communications with…
Latest Round of Briefing in ACLU v. Clapper “Telephony Records Program” Case
The ACLU and the Government filed their reply briefs today on their respective motions in the Section 215 “Telephony Records Program” litigation in the Southern District…
The Solicitor General Should Correct the Record in Clapper
In yesterday’s New York Times, Charlie Savage confirmed something we’ve suspected for some time—that until very recently the Justice Department was failing to provide statutorily…
We All Go Down Together: NSA Programs Overseas Violate Americans’ Privacy, Yet Escape FISC, Congressional Oversight
Ongoing revelations show that significant NSA surveillance activities take place outside of either Foreign Intelligence Surveillance Court (FISC) or congressional oversight, even…
The President’s May 23d NDU Speech in Action: The Broader Significance of the al-Liby and Ikrima Operations [UPDATED Oct. 15]
If reported accounts thus far are accurate, the al-Liby and Ikrima capture operations last weekend are important illustrations of several things that the President and his top…
The Government’s Initial Supreme Court Filing on the Section 215 “Telephony Records Program”
On Friday the government filed its brief in opposition to the Electronic Privacy Information Center’s mandamus petition to the Supreme Court, No. 13-58, in which EPIC is challenging…
Government Shutdown Postpones Declassification Review of FISC Opinion
Today, the FISC granted the government’s motion to delay a declassification review of prior FISC opinions regarding the legality of Section 215 of the Patriot Act. Contrary…
Al-Liby: Male Captus, Bene Detentus?
Further to Marty’s post today on the question of Libya’s consent vel non to the recent al-Liby operation, we should also call attention to a long-withheld OLC opinion (13 U.S.…
Selective Disclosure About Targeted Killing
For several years, the ACLU has been pressing the Obama administration to be more transparent about the targeted-killing program. I’m starting to wonder whether it understands…
“Relevance” at the Royale Inn
The NSA’s controversial call records program is predicated on the extraordinary premise that the phone logs of nearly all Americans are “relevant” to an intelligence…
New NSA Reform Proposal from Sen. Leahy and Rep. Sensenbrenner
While the continued government shutdown has sidelined an estimated 800,000 federal employees and resulted in the cancellation of President Obama’s trip to Asia this weekend,…
Recent Filings in Case Challenging NSA metadata program (ACLU v. Clapper)
Earlier this summer the ACLU filed a lawsuit challenging the constitutionality of the NSA’s collection of telephony metadata under Section 215 of the PATRIOT Act. This is one…