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 Torture Report and the “Glomar Fig Leaf”

The Glomar Explorer, the CIA ship after which the much-abused legal doctrine is named Buried in the SSCI’s report is an arresting passage that suggests that the CIA was quietly…
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Guest Post: They Knew It Was Illegal

The Senate Intelligence Committee report released December 9 confirms many already-reported facts about the CIA torture program, including the agency’s use of brutal stress positions,…
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Torture: Unreliable and Inestimably Costly

A few years ago, I served as a member of the Constitution Project’s Task Force on Detainee Treatment – an 11-member, bi-partisan group of former, high-ranking officials in…
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Judge Posner vs. David Cole: What’s the Value of Privacy Unless You Have Something to Hide? (Video Clip)

Yesterday, Just Security editor David Cole spoke with United States Court of Appeals Judge Richard Posner about the value of privacy. The short and fascinating discussion, part…
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The Torture Convention & Appendix M of the Army Field Manual on Interrogations

We are on the eve of the release of the Senate Select Committee on Intelligence’s report on the Central Intelligence Agency’s interrogation program. Although this report will…
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An Intelligence Committee Agenda

There are big changes coming to the congressional intelligence committees in the 114th Congress, with new leadership in both the Senate Select Committee on Intelligence (SSCI)…
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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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