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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Microsoft Case: The Government Responds, But Fails to Convince

The government has now filed its Second Circuit brief in the dispute with Microsoft (discussed here, here, and here), challenging key assertions by Microsoft and its many amici,…
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US Government Makes Slight Concession in Twitter’s Warrant-Canary Suit

The US government last week conceded for the first time that some companies have the right to publish so called “warrant canaries” in a new filing supporting its partial motion…
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Beyond Drones: The Next-Generation of Autonomous Weapons Cannot be Developed in Secrecy

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…
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A Terrorist Conspiracy Via Email

On April 3, 2009, Abid Naseer, a 22-year-old Pakistani student, sat in front of his computer in his Manchester, England, apartment and drafted an email to his al-Qaeda handler…
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Case To Watch: Microsoft v. US on the Extraterritorial Reach of the Electronic Communications Privacy Act

On Monday, the government will be filing its brief in its case against Microsoft regarding the reach of the government’s warrant authority under the Electronic Communications…
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Cybersecurity in the Intelligence Community’s 2015 Worldwide Threat Assessment

Last week Director of National Intelligence James Clapper released the 2015 Worldwide Threat Assessment of the US Intelligence Community and testified about it before the Senate…
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“New Torture Files”: Declassified Memos Detail Roles of Bush White House and DOJ Officials Who Conspired to Approve Torture

An alleged CIA prison near Kabul, Afghanistan. Image credit: Trevor Paglen via Wikimedia Commons. Last week, I wrote, both here and in the New York Times, that after reading all…
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Sexual Torture, Rape, and Gender-Based Violence in the Senate Torture Report

The ramifications and significance of the Senate Torture Report continue to spin out in various fora. While I have noted that the use of certain torture methods used at Guantanamo…
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DOJ Inspector General Complains About FBI Foot-dragging

Late last week, the Inspector General (IG) for the Justice Department sent a letter to Congress complaining of the FBI’s refusal to set a timeline for turning over documents…
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Transcript: NSA Director Mike Rogers vs. Yahoo! on Encryption Back Doors

NSA Director Adm. Mike Rogers squared off against top security experts from the tech industry today in a series of exchanges that illustrated the chasm between some leading technology…
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On Rereading the Torture Report – SSCI Focus Gave Too Many Perpetrators a Pass

I have an opinion piece in today’s New York Times Sunday Review provocatively titled (by the NYT editors), “Did the Torture Report Give the CIA a Bum Rap?” Why now, and why…
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Washington’s New Drone Sales Policy Could Export US-Style Drone War

This week, the United States released a new policy for the export of US-made drones. The policy conditions any drone sale on a pledge by the foreign buyer government that it will…
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