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 President’s NDAA signing statement re: GTMO and anti-torture provisions
The President today signed into law into law S. 1356, the National Defense Authorization Act for Fiscal Year 2016. The good news is that Section 1045 of the NDAA in effect codifies…
Remember Why We Have the Fourth Amendment
The Paris attacks have fueled a debate over surveillance on both sides of the Atlantic that, while not new, has reached a level of hysteria that I have not witnessed since the…
The UK Draft Investigatory Powers Bill (aka, the Revised “Snooper’s Charter”)
Earlier this month the Draft Investigatory Powers Bill, the UK Government’s attempt to legitimize State surveillance powers, was presented to Parliament. Depending on your perspective,…
Power Wars Symposium: A Study in Contrasting Views of Executive Authority
Editor’s Note: This is the latest entry in a symposium Just Security is hosting in conjunction with the recent release of Power Wars: Inside Obama’s Post-9/11 Presidency by…
The Government Should Stop Rewarding Bad Policies for Police Body Cameras
Body cameras have major potential to increase police accountability. However, without informed policies governing their use, they might not only fail in this goal, they could actually…
Still Secret: Second Circuit Keeps More Drone Memos From the Public
Secret law has been anathema to our democracy since its Founding, but a federal appeals court just gave us more of it. Almost two centuries ago, James Madison wrote that “[a]…
Cross-Border Data Requests: A Proposed Framework
Editor’s note: This post also appears on Lawfare. We’ve both written and spoken extensively (for example, here, here, here, here, and here) about issues related to cross-border…
Section 702, the Fourth Amendment, and Article III: The Muhtorov (Non-)Decision
Because of the difficulties civil litigants have encountered in challenging section 702 of the Foreign Intelligence Surveillance Act (as created by the FISA Amendments Act of 2008),…
A World at War With Daesh
They say we are at war. What does war look like? Our enemy is violent Islamic extremism. He is Daesh. He is al-Qaeda. The enemy consists of all groups and adherents of violent…
Power Wars Symposium: The Powers Wars Debate and the Question of the Role of the Lawyer in Crisis
Editor’s Note: This is the latest entry in a symposium Just Security is hosting in conjunction with the recent release of Power Wars: Inside Obama’s Post-9/11 Presidency…
Power Wars Symposium: Libya and the War Powers Resolution
Editor’s Note: This is the latest entry in a symposium Just Security is hosting in conjunction with the recent release of Power Wars: Inside Obama’s Post-9/11 Presidency…
Is the FBI Using Zero-Days in Criminal Investigations?
We have known for a while now that the FBI uses hacking techniques to conduct remote computer searches in criminal investigations — particularly those that involve the dark web.…