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.

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1,805 Articles
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Does CISA Contain a Surveillance Law XSS Attack?

Skeptical concerns about the proposed Cybersecurity Information Sharing Act have, thus far, tended to fall into two main categories: Doubts about efficacy—most actual practitioners…
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Warrantless Phone Tracking: The Fourth Amendment and Circuit Splits

Last week, a divided three-judge panel of the Fourth Circuit ruled in United States v. Graham that the government must obtain a warrant to obtain from a phone user’s historical…
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The APA’s Watershed Move to Ban Psychologists’ Complicity in Torture

As Marty Lederman wrote about here, the APA Council of Representatives made waves on Friday by approving, with a near-unanimous vote, a resolution that (1) bans psychologists…
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Background Reading on Umm Sayyaf’s Transfer to Kurdish Authorities

The Pentagon yesterday announced that it has transferred Umm Sayyaf, the US’s first detainee in the campaign against ISIL, to the Interior Ministry of Iraqi Kurdistan where…
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The Dream of Internet Freedom Doesn’t Have to Die

This post is a version of the introduction to the author’s keynote speech, “The Lifecycle of a Revolution” at this year’s Black Hat information security conference. Twenty…
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Drones and Contractor Mission Creep

I have written previously about the transparency, oversight, and accountability issues that outsourcing aspects of the U.S. drone program can pose – issues that often get lost…
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French Surveillance Law Compared to US Surveillance Law

Last Thursday, France’s constitutional court—le Conseil constitutionnel—issued a ruling upholding most of that country’s controversial new surveillance law, enacted in…
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The Role of Judges Under UK Surveillance Laws May be About to Change

For centuries, the authorization of surveillance powers under UK law has – for the most part – been in the hands of the executive rather than judges. All that may be about…
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Jen Daskal’s The Un-Territoriality of Data is Honored

Yesterday, I had the pleasure of attending a luncheon honoring winners for best of the 2014-2015 Call for Papers by the Southeastern Association of Law Schools (SEALS) at its annual…
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Legislative Cyber Threats: CISA’s Not The Only One

If anyone in the United States Senate had any doubts that the proposed Cyber Information Sharing Act (CISA) was universally hated by a range of civil society groups, a literal…
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Has the Human Rights Committee Extended its Reach?

Last week the UN Human Rights Committee, the independent body created by the International Covenant on Civil and Political Rights (ICCPR) to monitor states’ compliance, issued…
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Skeptical of Guantánamo Diary? Question the US Government Instead

It is sort of a cardinal rule for writers not to respond to negative reviews, and I can easily imagine that Mohamedou Ould Slahi would let the new review of his Guantánamo Diary…
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