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:
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.
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.
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.
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.
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.
China’s Global ‘Concierge Services’ to Strengthen Fellow Authoritarians
China's intrusive military, economic, and diplomatic aid to Russia, Iran, and others spreads autocratic practices such as secrecy, censorship, surveillance, and corruption.
1,836 Articles
The Acting DNI and the Intelligence Office Trump Wants
Bill Pulte’s appointment as Acting Director of National Intelligence suggests that ODNI may now be serving a more political function than advising the president.
How the Domestic Terrorist Label Endangers Rights and Drives Extremist Violence
Prepared congressional testimony for a Senate hearing that was postponed.
A Mid-Life Crisis for Senate Intelligence?
This week marks the 50th anniversary of the Senate Select Committee on Intelligence, prompting reflection on lessons learned and potential new directions.
Just Security’s Artificial Intelligence Archive
Just Security's collection of 100+ articles analyzing the implications of AI for society, democracy, human rights, and warfare.
The U.S. Shouldn’t Lose Sight of the Real Terrorist Threats
As the Trump administration portrays far-left activists and drug cartels as major terrorist threats, the most dangerous foes are plotting.
The Oral Argument in Cisco
SCOTUS oral arguments on aiding and abetting liability for US companies that facilitate atrocities abroad highlighted cross-cutting legal views amongst the Justices
Fool’s Gold: Speaker Johnson’s Section 702 proposal would place no limits on backdoor searches
"Members can recognize the Johnson proposal for what it is: a transparent attempt to preserve the status quo rather than answer the bipartisan calls for needed reform."
Former FBI General Counsel Weissmann on FISA Reforms
Ryan Goodman sits down with Andrew Weissmann, former FBI General Counsel and DOJ veteran, to unpack FISA reauthorization.
The Missing Convener: NSC’s Diminished Role and the Future of U.S. Investment Security
Despite a vast investment security system, the lack of a functioning NSC risks undermining agency coordination, rulemaking coherence, predictability, and enforcement.
Cisco’s Real Stakes: Digitally Aiding and Abetting
The Supreme Court should dismiss cert in Cisco to avoid immunizing U.S. corporations who actively aid and abet atrocities.
Is the Government Using Counterterrorism Surveillance Tools to Surveil American Companies?
Section 702 surveillance and parallel construction may be quietly driving aggressive ICE workplace raids, hiding constitutional violations from workers and businesses.
Bogus “Antifa” Designations and FBI Warrantless Access to Americans’ Communications
"Any expert of national security surveillance law following the government’s escalating actions on “antifa” can connect the dots to FISA electronic surveillance."