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
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?…
Collateral Effects of Secretary Clinton’s Nonofficial Email
On March 2, the New York Times reported that Hillary Clinton exclusively used a nongovernment email account during her tenure as Secretary of State. Last December, following a…
Deep Dive: The White House’s New Memo on Drones and Privacy
Last month, President Obama released a presidential memorandum on the domestic use of drones by federal agencies. The memorandum addresses the implications for privacy, civil rights,…
Deradicalization, Free Speech, and Academic Freedom
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…
UK Parliament’s Intell and Security Committee: Intelligence agencies “do not seek to circumvent the law”
The British parliament’s Intelligence and Security Committee (ISC) published its report on privacy and security yesterday, following an 18-month inquiry prompted by the Edward…