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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1,805 Articles
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OLC Memos and FOIA: Why the (b)(5) Exemption Matters

The headline of yesterday’s D.C. Circuit decision in Electronic Frontier Foundation v. Department of Justice, in which the Court of Appeals rejected a FOIA request for a…
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FISC Approves Application to Renew Telephony Metadata Program [UPDATED]

Today, the Office of the Director of National Intelligence declassified and announced that the FISC has approved the government’s application to renew the telephony metadata…
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Reactions to the New York Times and The Guardian Editorial Boards’ Call for Clemency for Snowden

As Ruchi covered this morning in the news roundup, today the editorial boards of the New York Times and The Guardian called on the Obama Administration to offer Edward Snowden…
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Prediction: Fourth Amendment Evolves in 2014

When should courts follow legal precedent and when should the law change?  This is a debate that underlies this month’s contrary decisions about the constitutionality of government…
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The “Front-Page Rule”

In my earlier post on the Report of the President’s Review Group on Intelligence and Communications Technologies (PRGICT), I highlighted a recurrent theme of the Report–the…
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Very Summary Account of Judge Pauley’s Opinion on the 215 Telephony Metadata Program

I’ll defer to others for substantive analysis of Judge Pauley’s opinion.  To facilitate discussion, however, here is a very abbreviated roadmap of his holdings, based…
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Judge Pauley (SDNY) Rules NSA Bulk Telephony Metadata Program is Constitutional

Earlier this month, Judge Leon (D.D.C.)  issued a ruling enjoining the NSA metadata program under Section 215 (and then staying his decision pending appeal), noting that the…
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How to Evaluate Whether the NSA’s Telephony Metadata Program Makes Us Safer (and What Proponents and Opponents Get Wrong)

[Editor’s Note: Just Security is holding a “mini forum” on the Report by the President’s Review Group on Intelligence and Communications Technologies. Others in the…
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How Limited is 702?

[Editor’s Note: Just Security is holding a “mini forum” on the Report by the President’s Review Group on Intelligence and Communications Technologies. Others in the series…
Just Security

Data-Mining, Section 215, and Regulating the Government’s Use of Stored Data: The Overlooked, but More Important, Question About NSA Surveillance

[Editor’s Note: Just Security is holding a “mini forum” on the Report by the President’s Review Group on Intelligence and Communications Technologies. Others in the series…
Just Security

Highlights of the Report of the President’s Review Group on Intelligence and Communications Technologies

[Editor’s Note: Just Security is holding a “mini forum” on the Report by the President’s Review Group on Intelligence and Communications Technologies. Others in the series…
Just Security

Mini Forum on President’s Review Group on Intelligence and Communications Technologies

The Report of the President’s Review Group on Intelligence and Communications Technologies is an exceptionally important development in the national debate over security and…
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