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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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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Guest Post: CVE Efforts Should be Based on Facts, Not Flawed Theories

Ed. note: This guest post was produced as part of the Brennan Center for Justice’s interview series, Rethinking Intelligence. Yesterday, the White House kicked-off a three-day summit…
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Guest Post: US Intelligence Reforms Still Allow Plenty of Suspicionless Spying on Americans

Last week, the Obama Administration released a report and documents cataloging progress toward signals intelligence (SIGINT) reform goals set a year ago by the President in a document…
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Key Questions for Today’s Senate Intelligence Committee Hearing With Nicholas Rasmussen

Sen Richard Burr (R-NC), the new chair of the Senate Select Intelligence Committee, has announced that he plans to hold a public committee hearing this afternoon. This is welcome…
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Surveillance and the Vanishing Right to Know

Editor’s Note: This post offers a preview of the authors’ upcoming article in the Santa Clara Law Review: The Notice Paradox: Secret Surveillance, Criminal Defendants…
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Torture and the CIA’s Unaccountability Boards

Last Saturday, January 31, CIA Inspector General David Buckley resigned after a little more than four years in office. His departure came at the end of the same month his office…
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The Newest Reforms on SIGINT Collection Still Leave Loopholes

Director of National Intelligence James Clapper this morning released a report detailing new rules aimed at reforming the way signals intelligence is collected and stored by certain…
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Five Important Questions About DEA’s Vehicle Surveillance Program

With each week, we seem to learn about a new government location tracking program. This time, it’s the expanded use of license plate readers. According to the Wall Street Journal, relying…
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Members Only: Al Qaeda’s Charter List Revealed After 13 Years in US Hands

A fascinating bit of evidence about al Qaeda’s early days emerged yesterday during the trial of alleged al Qaeda operative Khaled al-Fawwaz – what federal prosecutors call…
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You Should Care About Mutual Legal Assistance More Than You Do

About a year ago, I wrote here that the mutual legal assistance (MLA) regime – the legal system that regulates government-to-government requests for evidence in criminal investigations,…
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