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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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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Some Questions About the President’s Phone-Records Proposal

In the New York Times, Charlie Savage reports that the administration intends to propose legislation that would end the NSA’s bulk collection of phone records. The legislation…
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An End to Dragnet Surveillance?

The New York Times report that President Obama will call for an end to the bulk collection of American’s telephone metadata is yet further vindication for Edward Snowden in particular,…
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President Obama Will Seek to Curb (End?) Section 215 Bulk Collection

In a story being reported this evening by Charlie Savage of The New York Times, it appears that President Obama is preparing to announce a legislative proposal that will seek…
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