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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House Judiciary Markup of USA Freedom Act (Live stream)

Today starting at 1pm, the House Judiciary Committee is beginning its markup of the USA Freedom Act (H.R. 3361), including the Manager’s Amendment about which Jennifer…
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Manager’s Amendment Puts Back Door Searches Back In USA Freedom Act

Yesterday, the stagnant USA Freedom Act started to move through the U.S. House of Representatives, starting with a Manager’s Amendment to the bill. According to its drafters,…
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SSCI Report Names Djibouti as Host to CIA “Black Site,” as Case Pends before the African Commission

Djibouti is named as a host of a CIA “black site” in the Senate Select Committee on Intelligence (SSCI) report examining the extraordinary rendition and secret detention…
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White House Makes Reassuring Noises On 0-Day Policy

Yesterday afternoon, the White House put out a statement describing its view of vulnerability disclosure: the contentious issue of whether and when government agencies should disclose…
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Intelligence Community Directive 119 and the First Amendment

As the inestimable Steve Aftergood noted last week over at Secrecy News, the Director of National Intelligence, James Clapper, has issued a new “Intelligence Community Directive”…
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Let the Sun Shine In: WaPo Story on the Magistrates’ Revolt

Yesterday’s Washington Post has an interesting story about the increasingly aggressive role some federal magistrate judges are playing in policing criminal investigations involving…
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Judge Pohl’s order requiring disclosure of details of CIA’s “black sites” now unclassified

As I mentioned last week, in the al Nashiri military commission case, Judge Pohl has issued an order requiring that the prosecution turn over to the defense team the details —…
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In al Nashiri, Judge Pohl orders disclosure of details of CIA’s “black sites” to the defense

To say it has been an eventful week for the military commissions in Guantanamo might be an understatement.  As Ruchi has covered each morning this week in the Early Edition, the…
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New Editors’ Picks Reading List: IHRL on Privacy and Surveillance

As regular readers will likely recall, in recent weeks there has been much discussion here on the pages of Just Security (and elsewhere) on important questions regarding the extraterritorial…
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Fourth Circuit Upholds Contempt Against Lavabit, Doesn’t Decide Gov’t Access to Encryption Keys

Today the Fourth Circuit refrained from deciding the first legal challenge to government seizure of the master encryption keys that secure our communications with web sites and…
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The reorganization of Title 50 (and a note about Congress having exempted “intelligence activities” from statutes implementing treaties)

Perhaps I was the last to know, but I just discovered that the House Office of Law Revision has recently reorganized, into four new chapters, what had long been known as chapter…
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United States v. Glenn Greenwald?

Apparently, Glenn Greenwald and Laura Poitras–two of the journalists most directly involved in the dissemination of Edward Snowden’s revelations regarding various NSA…
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