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.
1,837 Articles
CIA Operatives Should Not be Considered Armed Forces Under International Law
Just Security readers are now familiar with the German Federal Prosecutor General’s opinion regarding a 2010 drone strike in Pakistan attributed to the CIA. The opinion is remarkably…
CIA and OLC Must Release More “Secret” Documents on Aulaqi Drone Strike
On Thursday, a federal district court in New York issued its latest ruling in the ACLU’s long-running Freedom of Information Act (FOIA) litigation seeking the legal and factual…
The Government’s Wiretap Orders Still Don’t Add Up
Last week, I pointed out that the Administrative Office (AO) of the US Courts’ 2014 Wiretap Report numbers didn’t add up to the total number of wiretaps that AT&T, Verizon,…
The FBI’s Problem Isn’t “Going Dark.” Its Problem is Going Slowly
It should be clear to even casual observers today that the “golden age of surveillance” thesis is fundamentally correct. We live in a time when far more data and surveillance…
A Drone Strike and the Debate on the Geography of the War Against al-Qaeda and its Associates
Last week, we read about a decision by the Federal Prosecutor General in Germany not to pursue criminal proceedings for the death of a German national as a result of a CIA drone…
The APA Scandal
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…
Cross-Border Shootings as a Test Case for the Extraterritorial Fourth Amendment
Ever since the Supreme Court’s 2008 decision in Boumediene v. Bush, courts and commentators alike have wondered about the relationship between the functional approach…
Bold Step on Privacy and Digital Rights
Political and diplomatic tussles over surveillance programs and digital hacking in the US, Germany, Brazil, China, and beyond show just how hard it is going to be to protect privacy…
It’s Time to End the “Debate” on Encryption Backdoors
Yesterday, on Lawfare, FBI Director James Comey laid out his concern that the growing adoption of strong encryption technologies will frustrate law enforcement’s ability to conduct…
It’s Time for a Review of the Forever War
It’s been more than 5,000 days and the global conflict started after September 11 shows no sign of ending. Last week, the Pentagon released its latest National Military Strategy…
Wiretap Numbers Don’t Add Up
Last week, the Administrative Office (AO) of the US Courts published the 2014 Wiretap Report, an annual report to Congress concerning intercepted wire, oral, or electronic communications…
10 Questions about the UK Spying on Amnesty International
Yesterday, the UK’s Investigatory Powers Tribunal informed Amnesty International that British intelligence agency GCHQ had spied on the human rights organization by intercepting…