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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A Cult of Rules: The Origins of Legalism in the Surveillance State

Editor’s note: this post is a preview of ideas raised in an upcoming article by the author, Intelligence Legalism and the National Security Agency’s Civil Liberties Gap,…
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National Security Politics in the 114th Congress

Last September, I wrote a post exploring whether some of the congressional reactions to the Snowden disclosures might have been portents of a coming political realignment on national…
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A Republican Senate Takeover Won’t Doom Surveillance Reform

Late on the evening of May 29, 2014, California Rep. Zoe Lofgren (D) called a small, bipartisan group of lawmakers to her office in the Longworth Building on the Capitol Hill campus.…
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2014 Congressional Midterms and Surveillance Reform: Races to Watch

This is the first of two posts discussing the future of surveillance reform after the 2014 midterms. The second post is available here. The high water mark for NSA reforms in the…
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The Private Frontline in Cybersecurity Offense and Defense

Two reports released Tuesday highlight the important role private actors are playing in cybersecurity defense. Cybersecurity company FireEye released a report on espionage activities…
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Should Foreign Nationals Get the Same Privacy Protections under NSA Surveillance–or Less (or More)?

When it comes to mass surveillance, should foreign nationals in foreign territory be afforded the same privacy protections as one’s own nationals? According to a recent report…
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Ottawa’s Aftermath: Legislate in Haste, Repent in Leisure

Editors’ Note: The following post is the eighth installment of a new feature, “Monday Reflections,” in which a different Just Security editor will take an in-depth look…
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The Canadian Terrorist Attacks and Canadian Counter-Terrorism Law

Canada has been rocked by a series of home grown and apparently lone wolf terrorist attacks in the last few days. The attacks have left two brave members of the Canadian Forces…
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Apple, Boyd, and Going Dark

Apple’s recent announcement that it will encrypt its newest iPhones is again pushing to the fore the question of whether the law should be updated to require companies to have…
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Security “Front Doors” vs. “Back Doors”: A Distinction Without a Difference

Thursday, FBI Director James Comey delivered a talk at the Brookings Institution, titled “Going Dark: Are Technology, Privacy, and Public Safety on a Collision Course?” His…
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East Africa Embassy Bombing Defendant Contests Miranda Waiver

In the last scheduled pre-trial hearing for alleged al-Qaeda operative known as Anas al-Libi, the defendant took the witness stand on Wednesday to contest the United States government’s…
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CIA Report: Giving Rebels Weapons Without Direct Support Rarely Helps

This morning, the New York Times ran a story about an internal CIA study commissioned in the last two years that found the agency’s historic efforts to arm rebels have had a…
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