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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Why the CIA? Why no U.S. acknowledgement?

Just to follow up on Ryan’s post:  Mark Mazzetti’s story for the Times, assuming it is accurate, confirms what I tried to explain in a post a few weeks ago —…
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Yemen Banned Pentagon’s Drone Operations after US Struck Wedding Procession

In Sunday’s New York Times, a must-read story by Mark Mazzetti chronicles a wide range of issues involving the CIA and counterterrorism programs. A news development that might…
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Searchable Database of NSA Documents

Some Just Security readers will be interested to know that the ACLU has just launched a text-searchable database of NSA documents released since June of 2013. The database is here.
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The SSCI Report and the Right to the Truth about the CIA’s Secret Detention and Extraordinary Rendition Program

Today’s vote to declassify and ultimately release portions of the exhaustive Senate Select Committee on Intelligence (SSCI) report on the CIA’s rendition, detention, and interrogation…
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SSCI Votes to Declassify Portions of CIA Interrogation Report [Updated with Statement from Sen. Feinstein]

Breaking news this afternoon: the Senate Select Committee on Intelligence has voted to declassify portions of its report on the CIA’s post-9/11 interrogation and detention…
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The Difficulty of Relative Judgments about the Utility of Enhanced Interrogation Techniques: The SSCI Report in Context

Transparency is critically important to the legitimacy and effectiveness of democratic governments.  Transparency facilitates both the responsiveness of government to the needs…
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John Bellinger’s Testimony before the PCLOB (and implications for Senate approval of the Persons with Disabilities Convention) [Updated on April 2]

My friend and former legal adviser to the State Department John Bellinger recently testified before the Privacy and Civil Liberties Board (PCLOB) on the question whether international…
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Getting Under the Hood of the HPSCI Bulk Collection Bill

While details on the president’s proposal to end NSA bulk collection of telephony records remain sparse, we do now have an actual piece of legislation to look at from the…
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The Extraterritorial Right to Privacy: An Opportunity to Impact the Debate

A codicil to our ongoing discussion of the human rights implications of foreign and mass surveillance (see prior posts by Ryan Goodman (here and here), Philip Alston, Jennifer…
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UN Human Rights Committee’s Report on US Compliance with the ICCPR: National Security Highlights

The United Nations Human Rights Committee has issued its Concluding Observations (full text) assessing US compliance with the International Covenant on Civil and Political Rights…
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UN Human Rights Committee Says ICCPR Applies to Extraterritorial Surveillance: But is that so novel?

[Editor’s Note: John Bellinger over at Lawfare replied to the following post. And Ryan has a new post, partly in response to John.] A major development in today’s UN Human…
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International Law on Mass Foreign Surveillance: A Response to Ben Wittes and Ashley Deeks

On Monday, I joined the debate between Glenn Greenwald and Ben Wittes by arguing that the issue of mass surveillance of foreign populations is regulated by international human…
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