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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1,805 Articles
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EU-Funded Study: Electronic Mass Surveillance Fails – Drastically

(This article presents the results of research by the SURVEILLE [Surveillance: Ethical Issues, Legal Limitations, and Efficiency] consortium, a European Union-funded multidisciplinary…
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Shhh! Last Week Was All About Secrets

Editors’ Note: The following post is the sixth installment of a new feature, “Monday Reflections,” in which a different Just Security editor will take an in-depth look…
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Twitter’s First Amendment Suit & the Warrant-Canary Question

This week, Twitter lobbed the latest volley in what has been both a fascinating and encouraging repositioning of technology companies vis-à-vis the U.S. government—a pivot that…
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Clapper, Adobe, and Article III Standing for Surveillance Harms

A recent decision from a federal court in the Northern District of California has added a new and interesting chapter to the decades-long saga of Article III standing in privacy…
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Executive Order 12333 and the Golden Number

I recently moderated a debate between Professor Nathan Sales of Syracuse Law, Professor Laura Donohue of Georgetown Law, Bob Litt, general counsel of the Office of the Director…
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Twitter is Suing the US Government in an Effort to Reveal Surveillance Information

Twitter filed a case in the Northern District of California (docket number 14-cv-04480) on Oct. 7 seeking a court order that would allow the company to reveal more precise information…
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Smartphone “Backdoors” and Open Computing

Recently I wrote a longish post over at the Cato Institute’s blog trying to deflate some of the increasing hysteria over the announcement that Apple and Google will be turning…
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Bugs, Bounties, and Blowback

Last week news broke of a major software bug—now termed “Shellshock”—in open-source software used in Linux and UNIX operating systems. Security experts have warned that…
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It’s Time to Pass the USA Freedom Act—Warts and All

Thirteen years after 9/11, the United States Congress appeared poised to begin the long overdue process of reining-in the intelligence establishment’s runaway surveillance practices.…
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The Need for Both Legal and Technical Privacy Protections

Last week, Apple and Google came under intense criticism from the law enforcement and national security communities for their decisions to encrypt user data when devices are locked.…
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FBI is Hurting Apple and Google’s Competitiveness with Crypto Backdoor Demands

Last week, FBI Director James B. Comey dispatched his minions to yell at Apple and Google for architecting their smartphones such that government officials cannot decrypt information…
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A Briefing on European Developments in Accounting for and Advancing Counterterrorism Actions

Fallout from European action during the “War on Terror” is ongoing in national and regional courts. The European Court of Human Rights has taken up a number of cases…
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