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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Decision Time: Key Issues in the U.S.-Afghan Bilateral Security Agreement

The U.S. and Afghanistan agreed this week on the terms for an extended U.S. military presence in Afghanistan after 2014.The Bilateral Security Agreement (BSA), which the Loya Jirga…
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The FISC’s Problematic Pen/Trap Opinion on Bulk Internet Metadata Collection

The latest round of Foreign Intelligence Surveillance Court opinions released under the Freedom of Information Act includes what, for many surveillance wonks, has been the white…
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Dahlia Lithwick and Me on Why Metadata Matters

I suspect we’ll have a lot more to say about today’s oral argument in New York in the ACLU’s challenge to the government’s “telephony metadata”…
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HPSCI Rejects Drone Reporting Requirements in Intel Authorization Act

As Sarah Knuckey covered earlier this month in a post here on Just Security, the Senate Intelligence Committee included in the 2014 intelligence authorization bill requirements…
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New FISC Pen Register Opinion: It’s Just a Matter of Time Before Somebody Gets Hurt

Once again, the NSA has conducted illegal spying. New documents reveal the National Security Agency’s (NSA) systemic violation of Foreign Intelligence Surveillance Court (FISC)…
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The New US “Red Line” – No Privacy Rights For Foreigners

Colum Lynch has a fascinating blog at Foreign Policy based on a leaked memo reflecting the United States’ latest “redline”:  that no privacy rights be recognized for foreigners…
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Early Thoughts on the New NSA Disclosures

There’s going to be a lot to say in the coming days and weeks about the more-than-six dozen surveillance-related documents declassified and disclosed yesterday by the ODNI.…
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Additional documents on telephony records collection (and much more) declassified

The government today made public more documents related to the “telephony records program,” as well as other surveillance-related documents, all of which can be accessed…
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Anonymous US Officials Admit CIA Accidentally Killed a Yemeni Child in a Drone Strike

Buried in a Los Angeles Times article yesterday was this remarkable government admission: In June, a drone-launched missile hit an SUV carrying an Al Qaeda commander in Yemen.…
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Supreme Court Denies EPIC Petition for Mandamus on the Telephony Metadata Program

Without comment or dissent. No surprise.  As expected, then, the action turns to the several cases that have been filed in district court, two of which are being argued this…
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Hearing in Another Surveillance Challenge Today

In previous posts I’ve discussed filings in the two most prominent challenges to the government’s “Telephony Records Program.”  Things are moving along…
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Creative Ambiguity – International Law’s Distant Relationship with Peacetime Spying

In all the sound and fury over “five eye” intercept programs, commentators appear so far to have paid relatively little attention to international law.  This is no simple…
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