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.

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3,471 Articles
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The State Department’s Records and Response Problems Are Not New, They’re Systemic

The State Department’s records management, FOIA compliance, and oversight responsiveness have endured withering scrutiny in court and on Capitol Hill since disclosure of Hillary…
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Torture and Transparency in the Military Commissions

America’s war court is back in session at Guantánamo, with yet more pretrial proceedings in the case of the five 9/11 defendants (alleged mastermind Khalid Sheikh Mohammed,…
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Apple vs. FBI: “Just This Once”?

I wrote about the FBI’s attempt to force Apple to write an iPhone hacking tool for the bureau over at Time last week — and go read that if you’re getting caught up on the…
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Building Civil Liberties Protections Into the EU’s Latest Border Discussions

European officials are renewing efforts to secure their borders in the wake of last November’s Paris attack. At the end of last month, EU Interior Ministers met to solidify cooperation…
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Justice Scalia, Privacy, and Where We Go From Here

When you work in privacy and civil liberties, you get accustomed to having strange bedfellows. Senator Bernie Sanders, Democratic socialist presidential candidate from Vermont,…
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FBI’s Push to “Fix a Typo” Would Really Expand Its Surveillance Authority

At last week’s Senate Intelligence Committee hearing on Worldwide Threats, FBI Director James Comey reiterated his call for a major expansion of the FBI’s surveillance authorities,…
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Law Enforcement Online: Innovative Doesn’t Mean Illegal

Even the Wild West needed a sheriff. And today’s law enforcement agents, to be effective, need more than a Colt .45 and a gold star. Criminal actors have an increasing ability…
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Surveillance Is Still About Power

Since the Snowden revelations in 2013, surveillance has gone from a somewhat arcane term of art used mainly by scholars, spies, and tinfoil hat types, to a household word that…
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A New UK-US Data Sharing Agreement: A Tremendous Opportunity, If Done Right

This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
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The High Standard of Proof in the Encryption Debate

Since the November 13 terrorist attacks in Paris set off another around of debate about exceptional access, a lot of ink has been spilled on the subject of whether or not there…
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Questions Congress Should Ask About Section 702

After passing a surveillance reform bill last year, Congress appears poised to turn to examine another controversial surveillance authority — Section 702 of FISA. Using Section…
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IBM’s Terrorist-Hunting Software Raises Troubling Questions

Last week, Defense One published an article about a new use that IBM is pioneering for its data-crunching software: identifying potential terrorists in the stream of refugees entering…
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