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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1,846 Articles
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Lawyering in Secret and the Government’s FOIA Bogeyman

Last week, in Washington, the Central Intelligence Agency’s top lawyer aired a pointed complaint — or was it a warning? — that has been bubbling about for some time. At an…
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Secret Law Isn’t the Public’s Fault

Officials in this administration have a funny way of blaming the victim. Did the CIA spy on Senate intelligence committee staffers who were investigating the agency’s torture…
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The Assassination Ban and Targeted Killings

In public speeches, administration officials have criticized the use of the word “assassination” to characterize targeted killings carried out by the United States. The administration’s…
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Power Wars Symposium: The Ascendancy of the Lawyer

Editor’s Note: This is the latest entry in a symposium Just Security is hosting in conjunction with this week’s release of Power Wars: Inside Obama’s Post-9/11 Presidency by…
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Power Wars Symposium: Surveillance, Individual Rights, and the Obama Administration

Editor’s Note: This is the latest entry in a symposium Just Security is hosting in conjunction with this week’s release of Power Wars: Inside Obama’s Post-9/11 Presidency by…
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Power Wars Symposium: Further on the law of the bin Laden operation, Part II

Editor’s Note: This is the third entry in a symposium Just Security is hosting in conjunction with this week’s release of Power Wars: Inside Obama’s Post-9/11 Presidency by…
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Power Wars Symposium: Further on the law of the bin Laden operation, Part I

Editor’s Note: This is the second entry in a symposium Just Security is hosting in conjunction with this week’s release of Power Wars: Inside Obama’s Post-9/11 Presidency by…
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Power Wars Symposium: The Savage Effect

Editor’s Note: This is the first entry in a symposium Just Security is hosting in conjunction with this week’s release of Power Wars: Inside Obama’s Post-9/11 Presidency by…
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Reminder: Tech Firms Aren’t Always the Privacy Advocates We’d Like to Think They Are

Last weekend, news broke that Facebook had been informally lobbying lawmakers to let them know the company didn’t oppose the Cybersecurity Information Sharing Act (CISA). The…
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A Quick Update: Apple, Privacy, and the All Writs Act of 1789

Here’s the latest in the encryption case we’ve been writing about in which the Justice Department is asking Magistrate Judge James Orenstein to order Apple to unlock a criminal…
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Orin Kerr’s Unconvincing Defense of Yesterday’s Second Circuit (Non-)Ruling

Over at the Volokh Conspiracy, my friend Orin Kerr has a thoughtful post up about yesterday’s Second Circuit decision in ACLU v. Clapper, which refused to enjoin the…
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Section 215 and “Fruitless” (?!?) Constitutional Adjudication

This morning, the Second Circuit issued a follow-on ruling to its May decision in ACLU v. Clapper (which had held that the NSA’s bulk telephone records program was unlawful…
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