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
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.…
The Wiretap Spike at Facebook: WhatsApp With That?
Vice’s Motherboard is puzzling over a massive leap in the number of Title III wiretap orders served on Facebook during the first half of 2015: A whopping 201 (targeting 259 users)…
The Legal Legacy of the NSA’s Section 215 Bulk Collection Program
Last week’s opinion in Klayman v. Obama by Judge Richard Leon dealt another, emphatic(!) blow to the constitutionality of the NSA’s bulk phone record surveillance program under…
11/13/15
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…
Power Wars Symposium: What Role Should Law Play in Areas of Vital National and International Affairs?
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 insoluble Guantánamo problem (Part One: The President’s successful transformation of U.S. detention practices . . . and the GTMO exception)
Charlie Savage’s Power Wars (see our ongoing symposium here) tells a very important, and mostly overlooked, story about President’s Obama’s policies and practices with respect…
Power Wars Symposium: Where Did Things Go Wrong? Three Key Moments That Shaped Obama’s Failed Guantánamo Policy
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…
Judge Leon’s Poignant, Yet Pointless, Injunction in Klayman
A long time 12 days ago, I wrote a post sharply criticizing the Second Circuit for deciding not to decide the Fourth Amendment question in ACLU v. Clapper, which arises from the…