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
A Few Keystrokes Could Solve the Crime. Would You Press Enter?
Image credit: Wikimedia Commons Suppose a laptop were found at the apartment of one of the perpetrators of last year’s Paris attacks. It’s searched by the authorities pursuant…
Closing GTMO: “Why wasn’t there a clearly delineated strategy?”
It’s not even the most glaring error in Dina Temple-Raston’s review of Charlie Savage’s Power Wars, but this passage sure does stand out: While the issue of closing…
Congress Squawks as Surveillance Chickens Come Home to Roost
A year that has alternated between major surveillance reforms and calls for new spying laws in the wake of ISIS attacks is set to close with a pendulum swing back against NSA surveillance…
The Scope of the Prepublication Review Problem, and What to Do About It
Editor’s note: This post also appears on Lawfare. The problems in the prepublication review process that we identified in our Washington Post op-ed and in a subsequent post…
Path Dependence and the Prepublication Review Process
Editor’s note: This post also appears on Lawfare. Over the weekend, we wrote an op-ed in the Washington Post about the lifetime prepublication review process required of nearly…
More Problems With Prepublication Review
Editor’s note: This post also appears on Lawfare. Over the weekend, we published an op-ed in the Washington Post about the government’s broken prepublication review process.…
Ten National Security Oversight Issues to Watch in 2016
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…
A FOIA Circuit Split That the Supreme Court Needs To Resolve
On Friday, January 8, the Supreme Court will consider a petition for certiorari in EPIC v. DHS, a lawsuit by the Electronic Privacy and Information Center (EPIC) under the Freedom…
The “Snooper’s Charter” and Judicial Oversight
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…
OmniCISA Pits DHS Against the FCC and FTC on User Privacy
On Friday, Congress will vote on a mutated version of security threat sharing legislation that had previously passed through the House and Senate. These earlier versions would…
Cruz & Rubio’s Confusing USA Freedom Exchange
A few reporters have asked me about a slightly odd exchange between GOP presidential hopefuls Marco Rubio and Ted Cruz at last night’s primary debate, so I thought it might…
Why Aren’t Criminal Defendants Getting Notice of Section 702 Surveillance — Again?
Since the Snowden disclosures began, the government’s massive surveillance operations under Section 702 of FISA have increasingly drawn public scrutiny. Section 702 is the authority…