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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The Senate Torture Report Should Name Victims

The Senate Intelligence Committee finally appears ready to release a redacted summary of its report on CIA torture and abuse of suspected terrorists. The release of this document…
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Drone Courts: The Wrong Solution to the Wrong Problem

A new chapter by Professors Amos Guiora and Jeffrey Brand–“Establishment of a Drone Court: A Necessary Restraint on Executive Power“–has been receiving…
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U.N. Committee Criticizes U.S. Record on Torture, Praises U.S. on Extraterritorial Reach of Treaty

On Friday, the United Nations Committee against Torture released its report (full text) on U.S. compliance with the Convention Against Torture. The Committee’s review included…
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Guest Post: NSA Reform — The Consequences of Failure

If you were expecting this to be a detailed post-mortem on the demise of the USA Freedom Act, you will be disappointed. As others have covered that ground, I want to focus on the…
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The US Needs a New International Strategy for Cyberspace

Editors’ Note: The following post is the latest installment of our weekly feature, “Monday Reflections,” in which a different Just Security editor will take an in-depth…
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Takeaways from the House Intelligence Committee Cybersecurity Hearing

On Thursday morning, the House Permanent Select Committee on Intelligence held a hearing on “Cybersecurity Threats: The Way Forward,” featuring testimony by Adm. Michael Rogers,…
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There Will Be Surveillance Reform

How should we understand the Senate’s failure to pass the USA Freedom Act on Tuesday? I’m not sure. But I’m pretty sure it’s misguided to propose, as Steve Vladeck did…
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The End of the Snowden Affair

Sometime around 7:30 p.m. (EST) last night, the 17-month-long national conversation over how to reform U.S. foreign intelligence surveillance authorities effectively ended when…
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Full Virginia State Court Opinion on Passcodes vs. Fingerprints

A couple of weeks back, there was a flurry of media coverage of a Virginia state court opinion where the judge granted an order to compel a defendant’s fingerprint to unlock…
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The FBI Doesn’t Need More Access: We’re Already in the Golden Age of Surveillance

This post comes in advance of this afternoon’s debate between Just Security contributors Andrew Weissmann and Peter Swire about Law Enforcement vs. SmartPhone Encryption at…
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The Surveillance State’s Legalism Isn’t About Morals, It’s About Manipulating the Rules

Margo Schlanger has written a great article forthcoming in the Harvard National Security Journal about intelligence legalism, an ethical framework she sees underlying NSA surveillance.…
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Passing the Senate Gavels

Editors’ Note: The following post is the tenth installment of a new feature, “Monday Reflections,” in which a different Just Security editor will take an in-depth look…
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