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.
1,805 Articles
How a Case of Stolen Corn Seeds Shows the Problem with the FISA Court
As collateral challenges to the mass surveillance programs disclosed by Edward Snowden like US v. Moalin, US v. Muhtorov, and US v. Mohamud are winding their way through the courts,…
Court Denies FOIA Request for Panetta Review on CIA Torture
U.S. District Court Judge James Boasberg today said that the CIA is not obligated to release the Panetta Review, an internal review of the CIA’s torture program that was heavily…
The Provision of Means: Dual Use Goods & Corporate Liability
This is Part III of a series on the Doe v. Cisco case pending in the Northern District of California and involving claims that Cisco should be liable for aiding and abetting the…
Wikimedia v. NSA: Standing and the Fight for Free Speech and Privacy
On March 10, 2015, represented by the ACLU, the Wikimedia Foundation and eight co-plaintiffs filed suit against the NSA, the Justice Department, and others, over the mass search…
Ninth Circuit Grants En Banc Rehearing in Posse Comitatus / Unlawful Surveillance Case
Back in September, I wrote about the Ninth Circuit’s fascinating decision in United States v. Dreyer, which applied the exclusionary rule to suppress evidence obtained…
The Right Way to Share Information and Improve Cybersecurity
This year is turning out to be a banner one for flawed proposals that would allow businesses to share information about Americans’ online activity with the Department of Homeland…
Doe v. Cisco: The Legal Issues
Part 1 of this post introduced a set of cases against Cisco Systems, which has been sued for being complicit in the design and implementation of China’s Golden Shield surveillance…
China’s Golden Shield—Is Cisco Systems Complicit?
This is Part I of a series on a case pending in the Northern District of California against Cisco Systems involving the company’s provision of technology to help construct,…
Killing With Military Equipment Disguised as Civilian Objects is Perfidy, Part II
On Friday, I concluded that modifying a civilian-looking vehicle into a military object to attack an adversary could indeed amount to perfidy during an international armed conflict.…
Reforming the FISA Court
There has been much discussion, on the pages of this blog and elsewhere (here, here, and here to name just a few), about the procedural shortcomings of the FISA Court — the lack…
Killing With Military Equipment Disguised as Civilian Objects is Perfidy
The Washington Post earlier this year revealed US involvement in a 2008 Israeli operation that killed Hezbollah’s Imad Mughniyah in a Damascus parking lot. In discussing various…
Whither the Section 215 Reauthorization Debate?
Remember section 215 of the USA PATRIOT Act — and the bulk telephone records metadata program the government conducted pursuant a controversial interpretation of that authority?…