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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White House Makes Reassuring Noises On 0-Day Policy

Yesterday afternoon, the White House put out a statement describing its view of vulnerability disclosure: the contentious issue of whether and when government agencies should disclose…
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Secrets Revealed: The Government’s No Fly List Arguments Aren’t Flying

Last week Judge William Alsup (N.D. Cal.) released the unredacted version of his ruling in the first-ever challenge to the no-fly list to be decided on the merits – a case that…
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Letter to the Editor from Gabor Rona, Airstrikes in Yemen and Government Transparency

Thanks Ryan and Sarah for an excellent analysis of the NY Times article on the recent military activity in Yemen. In noting that the article is imprecise in its reference to “alleged…
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Court Decision Supports Broader Disclosures on US Drone War

The Second Circuit Court of Appeals’ decision yesterday that the Obama administration had waived its right to refuse to turn over legal memos justifying the killing of a U.S.…
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The Second Circuit and the Vices of Selective Disclosure

I’ve now had a full day to digest yesterday’s lengthy decision by the Second Circuit in New York Times v. Department of Justice, which, among other things, orders…
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Searchable Database of NSA Documents

Some Just Security readers will be interested to know that the ACLU has just launched a text-searchable database of NSA documents released since June of 2013. The database is here.
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Representatives Schiff and Jones Introduce Bill to Increase Transparency in U.S. Drone Program

Today, Representatives Adam Schiff (D-CA) and Walter Jones (R-NC) introduced new legislation aimed to bring greater transparency to the U.S. drone program. The Targeted Lethal…
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Military Courts and Article III

For some time, I’ve been working on the larger implications of the jurisprudence arising from the Guantánamo military commissions and the Court of Appeals for the Armed…
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DOJ Pushes to Expand Hacking Abilities Against Cyber-Criminals

The Wall Street Journal reports that the Department of Justice is seeking increased authority to remotely search not only computers but also cloud based services to which those…
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An End to Dragnet Surveillance?

The New York Times report that President Obama will call for an end to the bulk collection of American’s telephone metadata is yet further vindication for Edward Snowden in particular,…
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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…
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Is the ODNI Approach to Secrecy and Transparency Evolving?

We flagged this yesterday afternoon on Just Security’s Twitter account, but nevertheless, it is helpful to include a reference here on the pages of the blog as well.  Yesterday,…
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