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
Several men stand along a street holding signs and wearing black and yellow Proud Boys paraphernalia. The man in the center of the frame wears a black and yellow cap and an American-flag-patterned around his face.

The Threat from Unlawful Private Militias Has Evolved. The Federal Government’s Response Must Evolve Too.

Federal legislation, like the Preventing Private Paramilitary Activity Act, offers a pathway to disrupt unlawful militia activity while safeguarding constitutional rights.
A collage of Senate Judiciary Committee Chairman Dick Durbin (L) and Ranking Member Lindsey Graham (R) speaking during a hearing on on the recent Supreme court decision in Trump v. United States on September 25, 2024.

A Confusing Rule for the Ages: A Review of the Senate Judiciary Committee Hearing on Presidential Immunity

The Senate Judiciary Committee's presidential immunity hearing showed fault lines in reactions to the Trump v. United States decision.
Non-Disclosure Agreement on paper close up

The New Intelligence Community Directive on Prepublication Review: Important Reforms and Critical Omissions

The ODNI's prepublication review directive improves several important aspects of the system, but fails to make certain critical changes.
Elon Musk, left center, and Wendell P. Weeks, right center, listen to President Donald Trump, right, as he meets with business leaders at the White House on Monday January 23, 2017 in Washington, DC. (Photo by Matt McClain/The Washington Post via Getty Images)

Musk, X, and Trump 2024: Where are the Legal and Ethical Boundaries?

Analysis of the ethical and legal lines for social media companies in influencing the outcome of a presidential election, in light of Elon Musk's support for former President Trump.
Ambulances are surrounded by people at the entrance of the American University of Beirut Medical Center, on September 17, 2024, after explosions hit locations in several Hezbollah strongholds around Lebanon amid ongoing cross-border tensions between Israel and Hezbollah fighters.

Law of War Questions Raised by Exploding Pagers in Lebanon

The exploding pagers in Lebanon raise a number of factual and legal questions related to the obligations of the attacker under the law of armed conflict.
In this photo illustration, the Telegram logo is displayed on a number of screens

Telegram’s Security Sham

Its track record and transparency practices, as well as the testimony of researchers, make it plain its claims of security are not to be trusted.
Blue, glowing computer circuit lines form the shape of a human brain against a black background inside a circle.

Putting the Second REAIM Summit into Context

The upcoming REAIM Summit on responsible AI in the military domain is a valuable multistakeholder forum that can catalyze diplomatic and normative processes.

The ODNI’s New and Disappointing Prepublication Review Process

Intelligence Community Directive 711 contains modest improvements, but is a missed opportunity provide uniform standards across agencies.
This picture shows a North Korean guard in a watchtower on the border in the North Korean village of Hyesan as seen from Changbai in China's northeast Jilin province. (Photo by Pedro PARDO / AFP) / To go with China-NKorea-politics, REPORTAGE (Photo by PEDRO PARDO/AFP via Getty Images)

The Growing Threat from North Korea

A decade after a major UN human rights report, abuses are escalating, and they are integrally connected to the country's nuclear program.
A large UN meeting room.

The UN Cybercrime Convention: Analyzing the Risks to Human Rights and Global Privacy

A detailed analysis of the human rights and digital privacy implications of the United Nations Convention Against Cybercrime.
The U.S. Department of Justice Building, where the Office of Legal Counsel resides.

Warrantless “Defensive” Searches of FISA Section 702 Data Violate the Fourth Amendment

The Fourth Amendment requires that queries of the FISA Section 702 database for information about U.S. persons be performed pursuant to a court order, regardless of whether the…
Digital generated image of multi coloured data against black background.

The Double Black Box: AI Inside the National Security Ecosystem

The use of AI to advance U.S. national security will complicate the application of constitutional checks and balances.
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