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.
1,805 Articles
The Poisoning of Alexander Litvinenko and the Geographical Scope of Human Rights Law
On January 21, a British investigation concluded that Russian President Vladimir Putin “probably” approved the poisoning of former Russian spy Alexander Litvinenko, who died…
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…
When the NSA Merges Its Offense and Defense, Encryption Loses
How do you create strong encryption standards when the organization tasked to build them finds itself absorbed into an organization that dedicates huge quantities of resources…
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…
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…
Why We Need to Reevaluate How We Share Intelligence Data With Allies
Last week, Canadians learned that their foreign signals intelligence agency, the Communications Security Establishment (CSE), had improperly shared information with their American,…
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…
Cryptopanic and James Comey’s Xanatos Gambit
For the past year or so I’ve been part of a cybersecurity working group at Harvard’s Berkman Center that on Monday released its first public report, Don’t Panic: Making Progress…
Moving Beyond the “Going Dark” Frame
For more than a year now, this site has posted dozens of articles critiquing the US government’s claims that it needs a method of accessing encrypted digital communications…
America’s Muddled Approach to Fighting ISIS
Last month, the Los Angeles Times ran a story that helped highlight one facet of the muddled thinking afflicting the US government’s campaign against ISIS: While the military…
The Way Forward for Surveillance Reform Can Balance Human Rights and Government Needs
The fall of 2015 was marked by two key developments in the debate about laws on communications surveillance and the right to privacy. First, on October 6, the EU Court of Justice…
The European Court of Human Rights Constrains Mass Surveillance (Again)
In a decision that may someday be considered the penultimate nail in the coffin that European courts have been building for mass surveillance, the European Court of Human Rights…