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.
1,837 Articles
Is Edward Snowden Engaged in Civil Disobedience? —A Response to Glennon
In his recent post, “Is Snowden Obliged to Accept Punishment?,” Michael Glennon takes on Edward Snowden’s critics who argue that the former contractor’s unwillingness to…
DoJ Requires Electronic Recording of Interrogations – But Not in National Security Cases
In an important decision not widely reported, the Department of Justice last month adopted a policy requiring that interrogations of suspects arrested by the principal federal…
Is Snowden Obliged to Accept Punishment?
This is Secretary of State John Kerry’s answer, given May 28 on CBS This Morning: “He should man up, come back to the United States. If he has a complaint about what’s…
Civilian Casualty Rates in CIA vs. DOD Drone Programs: Apples and Oranges
Much attention has been given to whether CIA-directed or DOD-directed drone strikes result in fewer civilian casualties. Last week I wrote about the mixed evidence when it comes…
FAA Section 702 developments
Back in February, I posted about the first brief on the merits challenging the constitutionality of Section 702 of the FISA Amendments Act of 2008, in the criminal case against…
UN Torture Committee seeks further answers from Lithuania on involvement in CIA detention and rendition
Last week, the UN Committee against Torture adopted its Concluding Observations [full text] on Lithuania’s third periodic report on its compliance with the Convention against…
Targeting Transparency: A Call for DoD to Automatically Release Investigations of Civilian Casualties in Armed Conflict
There has been much discussion on the lack of demonstrable government follow through after President Obama’s 2013 claims of increased transparency of US lethal targeting of suspected…
Why We Can’t Support the New USA FREEDOM Act
[Editor’s Note: Just Security has been closely following the congressional proposals, including the USA FREEDOM Act, introduced in recent months aimed to curb the administration’s surveillance authorities.…
USA Freedom Act: Oh, Well. Whatever. Nevermind.
The initially promising USA Freedom Act could have ended the previously secret government practices of collecting Americans’ calling records, internet transactional information…
Lavabit’s Owner Goes Public: His Legal Ordeal Makes For Bad Law
I’ve written several times here about the Department of Justice’s efforts to force secure email provider Lavabit to turn over its encryption keys. The DOJ wanted transactional…
Is the CIA Drone Program More Accurate than the DOD’s—and if so, why?
Some commentators suggest that we have the data: CIA-directed drone strikes appear to involve fewer civilian casualties (e.g., less collateral damage) on average than DOD-directed drone…
The “Culture of Misinformation” and the Government’s Representations to the Supreme Court in Clapper
In yesterday’s New York Times, Charlie Savage had a new installment in his series about the government’s representations (and misrepresentations) in Clapper v. Amnesty, a…