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.
1,846 Articles
The Obama Administration Has Embraced Legal Theories Even Broader Than John Yoo’s
The Justice Department recently released another of the now-notorious Office of Legal Counsel memos written by John Yoo — memos that authorized torture, warrantless wiretapping,…
ODNI Response on Increased Intelligence Sharing Still Leaves Questions and Concerns
In late February, The New York Times reported that the administration was preparing to expand sharing of the mass signals intelligence collected by NSA pursuant to Executive Order…
A brief response to Gabor Rona on the use of force by non-military personnel
Gabor Rona is correct, of course, that (absent a later-in-time statutory override) U.S. use of force must comply with international law, regardless of the identity of the U.S.…
When Considering CIA Targeted Killings, Don’t Forget International Law!
Last week, Marty Lederman addressed the legality and wisdom of CIA engagement in targeted killings under domestic law. Applicable international law, however, suggests that CIA…
Bye-Bye Birdie: reddit’s Warrant Canary Disappears
Sometimes, saying nothing says quite a lot. At the end of January 2015, the online bulletin board reddit issued a “transparency report” that informed its users, and the broader…
Four Takeaways From State v. Andrews
On Wednesday, an appellate court in Maryland handed down a major loss to the government, one that will send police and prosecutors back to the drawing board (or at least back to…
The New Intelligence Sharing Procedures Are Not About Law Enforcement
[Editor’s Note: The author composed this analytic essay while serving as General Counsel for the Director of National Intelligence.] There has been a lot of speculation about…
We Need to Know More About When the FBI Can Access One of the NSA’s Biggest Databases
Americans have learned quite a bit about electronic surveillance since Edward Snowden leaked a massive trove of classified documents almost three years ago. And while we still…
Update on the “Snooper’s Charter”
On March 15, the UK’s Investigatory Powers Bill had its second reading in the House of Commons (see my earlier posts on the bill here and here). It passed with 281 votes in favor…
Should (and can) the CIA use non-covert force against ISIL in Iraq and Syria?
Ken Delanian of NBC has an important new story (written and video) about an apparent interbranch dispute concerning whether the CIA should be authorized to use force against ISIL…
Digital Disruption of Human Rights
Last week, we explored the conceptual challenges to the universal human rights framework that have been brought by digital technology. Today, we shift from conceptual to concrete…
Surveillance Oversight Should Be President-Proof, But We’re Still a Long Way Off
Last week, at an event co-hosted by Just Security and NYU’s Brennan Center for Justice, the NSA’s Civil Liberties and Privacy Director Rebecca Richards dropped the ball. When…