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.
1,805 Articles
Can §215 Be Used for Content Collection?
At this week’s Senate Judiciary Committee hearing on the National Security Agency’s surveillance authorities, Sen. Patrick Leahy posed a crucial question to the government’s…
Tomorrow: Senate Judiciary Committee Hearing on “Continued Oversight of U.S. Government Surveillance Authorities” [UPDATED]
[UPDATE: This post has been updated with links to the written statements of each panelists and a link to a video replay of the full hearing.] Tomorrow at 2:00p.m., Just Security…
Latest Snowden Documents Show NSA Tracks Americans’ Cell Location Data
Today’s Washington Post report that the National Security Agency (NSA) is gathering nearly 5 billion records a day on the whereabouts of cellphones around the world should light…
Is the Draft UN Resolution on the Right to Privacy a Trojan Horse for Libertarians?
In response to recent revelations of NSA foreign surveillance programs, the UN General Assembly appears poised to adopt a Resolution on the international right to privacy. Because…
European Court Urged to “Break Conspiracy of Silence” on CIA Black Sites in Europe
On December 3, attorneys for two Guantánamo detainees argued before the European Court of Human Rights that Poland bears responsibility for the torture, disappearance, and unlawful…
Transcript of Oral Argument in ACLU v. Clapper
We’ve finally got a transcript from the Nov. 22 hearing in ACLU v. Clapper, the ACLU’s challenge to the NSA’s mass call-tracking program. The transcript is here. Particularly…
Did the UN General Assembly Let the US Entirely Off the Hook on the Right to Privacy?
In early December the UN General Assembly will adopt, almost certainly by consensus, a resolution on “the right to privacy in the digital age.” Intensive negotiations at…
Square Peg, Round Hole – How the FISC has misapplied FISA to Allow for Bulk Metadata Collection
The recent treasure trove of NSA documents released by the Office of the Director of National Intelligence included an opinion by the Foreign Intelligence Surveillance Court that…
NSA SEXINT is the Abuse You’ve All Been Waiting For
In the latest news report based on documents revealed by Edward Snowden, we’ve learned that the NSA creates profiles of porn viewing, online sexual activity and more from its…
ACLU Sues CIA for Release of Torture Reports
Yesterday, the ACLU filed a FOIA lawsuit to compel the CIA to disclose two reports on the CIA’s post-9/11 detention and interrogation programs. The full complaint can…
Center for National Security Studies’ Latest Filing for Amici Curiae in Section 215 Proceedings
On Friday, the Center for National Security Studies (CNSS) filed its latest pleading in its efforts to have the FISC enable third-party persons or organizations to submit amici…
Constitutional Advocates in Comparative Perspective
A number of proposed amendments aimed at reforming the FISA Court envisage a Constitutional Advocate or similar role. Marty Lederman and Steve Vladeck posted earlier here on…