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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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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UK Surveillance Watchdog Releases Report Endorsing UK Surveillance Programs

As we covered in yesterday’s Early Edition, Sir Anthony May, the UK’s Interception of Communications Commissioner (the UK’s surveillance watchdog), has concluded…
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State of play of the SSCI report on the CIA interrogation program: the relationship between declassification and disclosure

Last Thursday, Senator Diane Feinstein, the Chairman of the Senate Select Committee on Intelligence (SSCI), issued a statement that the SSCI had voted that afternoon “to…
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Hersh’s Syria Conspiracy Theory: The CIA and Intelligence Oversight Questions

In a previous post, I discussed the Senate Intelligence Committee report on the attack against U.S. facilities and personnel in Benghazi, Libya.  That post contemplated bias by…
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European Court says Data Retention Directive is Invalid

Yesterday, the Grand Chamber of the Court of Justice of the European Union (CJEU) gave a compelling judgment in two joined cases: Case C-293/12 Digital Rights Ireland; Case C-594/12…
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