Intelligence & Surveillance

Just Security’s expert authors provide legal and policy analysis of intelligence and surveillance activities, focusing on their impact on national security and on civil liberties and privacy rights, and their oversight by Congress and the courts.

Highlights:

9/11 Then and Now: How it Shapes Us 25 Years On

We asked experts with deep personal and professional ties to the post-9/11 era: how did 9/11 shape your path, and how does it continue to shape us 25 years later?
In a tense-filled scene, six people are gathered on the far side of an oakwood-colored table scattered with papers and pens, a coffee dispenser and disposable cups in the foreground and a suited man standing in shadows at the back left. Rice has an expression of concern as she's looking to her left toward Cheney on the phone. Three of the other people around her, two women including Hughes and a man, stand around her and one man kneels to her right, all focused on the phone conversation Cheney apparently is having the the president.

A Quarter Century After 9/11: Lessons Learned and Lost

A former member of the George W. Bush administration’s National Security Council reflects on what the United States got right and wrong in its response to the 9/11 attacks.
A woman fills out paperwork at a driver's license office counter, with a 'Fill Out Application' sign in the foreground and other visitors standing at counters in the background.

States Can Fight Federal Overreach by Protecting State Data

States must be vigilant stewards of their data — auditing what they hold, limiting what they share, and enforcing legal constraints against federal overreach.
New York, USA – March 29th, 2017: A NYPD officer standing in Times Square next to a police vehicle warning of the risk of terrorism late in the day.

The Looming Terrorist Threats to America

25 years after 9/11, U.S. counterterrorism officials are being asked to do more with less.
Illustration of hands typing on a keyboard with monitors displaying computer code in the background.

AI-Cyber Operations: A New Frontier for Public-Private Partnerships

For the United States to take the lead in AI cyber operations capabilities, government and industry must create appropriate safeguards.
A smart-phone screen displaying the logo of main social media platforms including Instagram, Facebook, LinkedIn, Reddit, Telegram, X, Bluesky, Tiktok and Whatsapp.

The Government’s Unexplained Reversal on Social Media Disclosure Requirements

Social media disclosure requirements implicate fundamental First Amendment rights, and the public has a right to know why they were implemented.
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A woman wearing a tan head covering with black and white stripes, her face hidden from the camera's view, watches a video of a pop singer on a smartphone, as she stands in front of a window.

U.S. Tech Companies Owe a Duty of Care to Afghan Girls Too – of a Different Kind

U.S. tech companies should take action to protect the Afghan women and girls who rely on their platforms for online education.
The E. Barrett Prettyman United States Court House is seen early morning on December 10, 2024, in Washington, DC.

Deference Should Follow Expertise, Not Pretext

Anthropic v. Department of War reveals why courts must distinguish genuine national security judgments from pretextual ones and how to do it.
The exterior of the headquarters of Radio Free Europe/Radio Liberty (RFERL) in Prague, Czech Republic, is a modern gray-slab building behind a tall black iron fence with the name of the news organization and its logo, a lighted torch. A building of older, classical architecture is at the left of the frame.

Authoritarians Keep Telling Us What They Fear. We Should Listen.

Research shows that, more than military strikes or sanctions, authoritarians fear support for independent media, anti-censorship tech, and civil society.
Security cameras are seen in the foreground as the United States national flag flies at the U.S. Consulate General Guangzhou on July 14, 2026, in Guangzhou, Guangdong Province, China.

AI and Warrantless Foreign Intelligence Surveillance

The use of LLMs for foreign intelligence surveillance erodes the rules put in place to safeguard Americans' civil liberties.
This photograph shows a handheld smartphone displaying the icons of some of the main artificial intelligence based apps, including LLMs, chatbots and generative AI, with logos (from L) of Proton AG's Lumo, Meta AI, Mistral Vibe (formerly Le Chat), xAI's Grok, Microsoft's Copilot, Google's Gemini, Anthropic's Claude, Perplexity, Deepseek, OpenAI's Chat GPT, Google's Notebook LLM and generative AI music app Suno, in Saint-Mande, east of Paris, on July 15, 2026.

AI and the Commercial Data Loophole

The Pentagon’s new deals to deploy commercial LLMs on its classified networks provide it with a powerful surveillance capability that could be turned on Americans.
A voter marks a ballot at a standing booth labeled "Booth 6" with an American flag "VOTE" sign, while poll workers in masks and face shields sit at a check-in table in the foreground and another voter uses a booth in the background.

An Initial Readout of Trump’s Election-Interference Speech

An intelligence official on what the declassified material shows—and does not show—about foreign threats and the president’s allegation of an intelligence community cover-up.
The Herbert C. Hoover Federal Building which houses the U. S. Department of Commerce is seen from the Washington Monument on June 3, 2025 in Washington, DC.

Vetting Foreign AI Talent: Security Without Exclusion

With risk-based personnel vetting practices, U.S. AI labs can keep recruiting the world’s best researchers while safeguarding national security.

Fencing with Fourth Amendment: Unpacking the Supreme Court’s Chatrie Decision

Chatrie stands as an important but narrow reaffirmation of the Supreme Court’s determination not to let technology overwhelm all privacy expectations in the digital age.
U.S. President Donald Trump shakes hands with CIA Director John L. Ratcliffe (R) during a news conference in James S. Brady Press Briefing Room of the White House on April 06, 2026 in Washington, DC.

When Warning Loses to Permission: Iran, Trump, and the Misapplied Label of “Intelligence Failure”

The failure point, at each stage, was not the intelligence community's analysis. It was the president’s decision-making.
A man walks in front of the Supreme Court building at dusk.

Seeking Justice the Day After SCOTUS Killed the Alien Tort Statute

As surely as day follows night, survivors will continue their quest for justice and accountability. The Supreme Court’s decision marks the end of an era, but a new dawn awaits.
A police officer in a dark blue uniform, his back to the camera, wears a bulletproof vest reading INTERPOL, as he walks through an airy hall with light-colored flooring, a few white counters and a large green plant at the left of the image.

Why Interpol’s Member Nations Should Reject Its New Privileges and Immunities Agreement

The accord would make it easier for autocrats to abuse Interpol’s famous Red Notices and other mechanisms to persecute those seeking refuge abroad from repression at home.
Members of the National Guard patrol around the Martin Luther King, Jr. Memorial on March 26, 2026 in Washington, DC.

A Year Later: The Stakes of Ordering Military Personnel to Police American Streets

One year since Trump sent the National Guard to LA, a new report warns military deployments for domestic policing produce escalation, disillusionment, and politicization.
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