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.
1,837 Articles
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…
Deterrence by Indictment?
In an indictment released this morning, the Justice Department charged seven Iranians with carrying out distributed denial of service (DDoS) attacks on US financial institutions…
FBI Discovers It Can Access That iPhone After All
Update: The FBI is now explicitly denying that the method described in this post is the one they’re planning to employ — so apparently my suspicion was mistaken and they…
Update from the European Frontlines: The Battle for Belgium
The dramatic footage of counterterrorism raids in Belgium emerging on our news screens over the last few days is a sharp contrast to the perceived inaction that characterized the…
So Software Has Eaten the World: What Does It Mean for Human Rights, Security & Governance?
In 2011, Silicon Valley entrepreneur and investor Marc Andreessen famously wrote the startling essay, Why Software is Eating the World, in which he described how emerging companies…
Strong Intelligence Oversight Can Happen Within the Executive Branch
That the American public is divided on the current showdown between Silicon Valley and the national security state is to be expected. What is more striking, at least at first blush,…
Overseas Surveillance in an Interconnected World
Outside the pages of Just Security and a handful of other places, it’s hard to find much debate over the NSA’s overseas surveillance activities. The same lawmakers and pundits…
The Fuzzy Scope of the Forever War Needs Definition
For years now, the questions of where and with whom exactly the United States is at war have been treated as somewhat academic. It’s not that they didn’t matter, but a gridlocked…
The Growing Divide Between European Governments and Regional Courts on Surveillance
Last week, as he delivered his first report to the UN Human Rights Council, the UN Special Rapporteur on the right to privacy made headlines with his sharp criticism of the United…
FOIA Litigation Has Its Own Rules, But We Deserve Better
When will federal judges start acting more like State Department flacks? It’s a question worth thinking about during Sunshine Week. For those of us who regularly litigate national…