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.
1,807 Articles
Updated developments regarding FAA Section 702 and related matters
I’ve published a couple of posts here tracking some of the more important recent developments respecting Section 702 of the FISA Amendments Act of 2008. This post is an…
Court Rules Against Microsoft: Questions of Data, Territoriality, and the Government’s Search Authority Headed to the 2nd Circuit
I blogged previously about the really interesting dispute between Microsoft and the government regarding the territorial reach of the warrant authority under ECPA. As you may recall,…
New Report on the Costs of NSA Surveillance
On the same day Senator Leahy introduced an updated USA FREEDOM Act [and don’t miss Jennifer Granick’s analysis of the bill], the New America Foundation‘s Open…
Sen. Leahy’s Latest NSA Bill: The Good, The Bad, and The Ugly
This morning, Senator Patrick Leahy released a new version of the USA Freedom Act, a bill intended to reform NSA surveillance following Edward Snowden’s revelations that the…
Senator Leahy Introduces Updated Version of the USA FREEDOM Act
This morning, Senator Leahy (D-Vt) introduced an updated version of the USA FREEDOM Act (full text). If you recall, in May, the House passed a version of the USA FREEDOM Act…
The Accountability Matrix Widens: Torture, Black Sites and the European Convention
Long awaited decisions by the European Court of Human Rights emerged last week (initially reported here) that substantially address torture and the complicity of European states…
Status of Int’l Human Rights Law in Domestic Surveillance: What the HRW/ACLU report reveals about officials’ views
This morning, Human Rights Watch and the ACLU released a joint report on the chilling effects of domestic surveillance. The report examines, in particular, the impact of surveillance…
All The Pieces Matter: Bulk(y) Collection Under §702
In a recent guest post, Chairman David Medine of the Privacy and Civil Liberties Oversight board gamely responds to several questions about §702 surveillance posed by my co-blogger…
Rejoinder to David Cole
In his reply to my guest post of yesterday, David Cole criticizes me for offering an imperfect defense of counter-terrorism stings. Actually, his criticism does not go far…
The Problems with Counterterrorism Stings: A Response to Samuel Rascoff
[Editor’s note: Don’t miss, Samuel Rascoff’s rejoinder to David Cole’s post, which was subsequently published here on Just Security.] In his guest post…
Why (Some) Secrecy is Good for Civil Liberties
A few weeks back, Ben Wittes wrote a controversial post over at Lawfare on the latest Snowden disclosures, arguing that, “If you’re okay with dumping in the lap of a journalist…
European Court of Human Rights rules against Poland in CIA “black site” case
The European Court of Human Rights has handed down its much-awaited judgments in the cases of Abd al-Rahim al-Nashiri v. Poland and Abu Zubaydah v. Poland. The cases were brought…