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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1,846 Articles
Just Security

Video Clip of Former Director of NSA and CIA: “We Kill People Based on Metadata”

In a public debate with Just Security‘s David Cole at Johns Hopkins University, former Director of the NSA and CIA, General Michael Hayden made the provocative remark, “We…
Just Security

Michael Hayden:  “We Kill People Based on Metadata”

[Editor’s note: See the video clip from the debate where General Hayden said “We kill people based on metadata” here.] I have a New York Review of Books blog up today on…
Just Security

Preview:  Lithuania to Face Questioning by UN Committee against Torture about “Black Sites”

On Monday, the UN Committee against Torture (“the Committee” or “the CAT Committee”) will review Lithuania’s third periodic report on its compliance with the Convention…
Just Security

Magistrate’s Compliance: Searching Electronic Data Overseas

Amidst all the talk about the so-called Magistrates’ Revolt (referring to a group of magistrates pushing back against the government’s broad electronic search requests), it’s…
Just Security

Interrogation-Based Detentions and the Law of Armed Conflict: What Mohammed v. Ministry of Defense Didn’t Have to Say

I am working on a post that dives into the core issue in Mohammed v. Ministry of Defense (MOD)—whether the law of armed conflict (LOAC) permits security-based detentions in non-international…
Just Security

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…
Just Security

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,…
Just Security

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…
Just Security

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…
Just Security

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”…
Just Security

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…
Just Security

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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