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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Miranda: Blame Parliament Before Blaming the Courts

In August 2013, David Miranda, partner of journalist Glenn Greenwald, was transiting through Heathrow, on his way from Germany to Brazil when he was detained and searched under…
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Espionage Porn and Democratic Platitudes: A Response to Rahul Sagar

I don’t have much to say in reply to Rahul Sagar’s thoughtful response to my January 23 post, “Does Espionage Porn Make Us Stronger?” Much of that is because,…
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Democratic Platitudes

[Editor’s Note: Stay tuned later today for a post from Steve Vladeck responding to this guest post by Rahul Sagar.] In a recent post “Does Espionage Porn Make Us Stronger?”…
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Information Cascades and Intelligence Oversight

Sen. Blumenthal opened a recent surveillance oversight hearing by hammering an important point from the Privacy and Civil Liberties Oversight Board’s thorough report on the…
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Why Does Microsoft Want a Global Convention on Government Access to Data?

Last month, Brad Smith, the General Counsel of Microsoft, called for an international convention on government access to consumer data (he was at Davos, so presumably he uploaded…
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David Miranda detention and questioning was lawful, rules UK High Court

The UK High Court has dismissed a challenge brought by David Miranda, partner of Glenn Greenwald, that he was unlawfully detained and questioned for nine hours at Heathrow airport…
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A Rejoinder from Jenks and Corn re U.S. SIGINT Based Targeting

There is probably no area of greater consensus between us and Professors Goodman and Jinks (their post) than the recognition that the law of armed conflict should and must be responsive…
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Military Targeting Based on Cellphone Location

A recent news story by Glenn Greenwald and Jeremy Scahill details the use of NSA signals intelligence (SIGINT) – including cellphone and SIM card data – to locate and kill…
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Eyes Wide Shut: Scahill and Greenwald’s Flawed Critique of U.S. SIGINT Based Targeting

[Editor’s Note: Stay tuned later today for a post by Ryan Goodman and Derek Jinks responding to the guest post by Chris Jenks and Geoffrey Corn.] In The NSA’s Secret Role in…
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Members of the PCLOB Testifying Before the Senate Judiciary Committee

This morning at 10:00am, the Senate Judiciary Committee is holding a hearing on “The Report of the Privacy and Civil Liberties Oversight Board on Reforms to the Section…
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Eight Questions PCLOB Should Ask About Section 702

Tomorrow, all five members of the Privacy and Civil Liberties Oversight Board (PCLOB) will testify before the Senate Judiciary Committee about their recent report concluding that…
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Office of the DNI Releases List of Permissible Uses of Data Collected in Bulk

If you’ll recall last month, in conjunction with his January 17th speech on U.S. signals intelligence reform, President Obama issued Presidential Policy Directive/PPD-28…
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