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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1,837 Articles
Just Security

UN’s David Kaye on Encryption, Anonymity, and Human Rights

In his first report as UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, David Kaye fired a shot across the bow of governments…
Just Security

The Ridiculous GTMO Counsel-Stripping Amendment: An Easy Vote

[UPDATE: The Amendment failed by a vote of 133-297.] Steve has already described the likely constitutional problems with the latest Guantanamo amendment designed to strip funding…
Just Security

Why the Latest Ridiculous Guantánamo Amendment is Almost Certainly Unconstitutional

Later today, the House of Representatives appears set to vote on the following amendment to the Department of Defense appropriations bill, sponsored by Missouri Congressman Jason…
Just Security

UK Investigatory Powers Review: A New Blueprint for Surveillance?

 “the importance of clear law, fair procedures, rights compliance and transparency: not just fashionable buzz-words, but the necessary foundation for the trust between government…
Just Security

No Torture Means No Torture – Why We Need the McCain-Feinstein Anti-Torture Amendment

Do we mean what we say when we ban torture? That has been a question for more than a decade, ever since President George W. Bush, on United Nations International Day in Support…
Just Security

The (Telephony) Matrix Reloaded

The Obama administration has sought to temporarily relaunch the NSA’s bulk telephone records collection program, which was wound down over recent weeks as its legal foundation,…
Just Security

The Need for a USA Freedom Technical Corrections Act

In a post on Thursday entitled “What Did the USA FREEDOM Act Actually Amend?,” Megan Graham of Just Security carefully described a huge problem with the USA FREEDOM Act, one…
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Chris Soghoian Q+A: The Next Chapter of Surveillance Reform

I recently conducted a wide-ranging Q+A with the ACLU’s chief technologist, Chris Soghoian, on a range of topics, from the “fraudulent” nature of the recent debate over Section…
Just Security

What Did the USA Freedom Act Actually Amend?

There has been a lot of ink spilled here and elsewhere about the USA Freedom Act over the last several weeks. Its privacy protections. Its alterations to the government’s surveillance…
Just Security

The apparent end of the “gag orders” for GTMO detainees

Back in February, I explained that the protective orders in two Military Commissions cases had been amended to now permit the defendants and their counsel to speak publicly about…
Just Security

Sunsets Need Sunshine:  What We Can Learn from the USA Freedom Act

This afternoon, Congress, for the first time since 9/11, reined in national security surveillance authorities.  It’s a historic moment, and a great victory for civil liberties,…
Just Security

(Unadulterated) USA Freedom Act to become law [UPDATED with vote tally]

The Senate today decisively rejected each of the proposed amendments to the House-passed USA Freedom Act (see roll call votes here).  It then approved the bill by a vote of 67-32 (with…
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