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
More on Wittes and the Rights of Others
The debate on the privacy rights of foreign nationals goes on, at least in the blogosphere. Ben Wittes responds to my post here on Lawfare today by objecting that I have not…
More on the Rights of Others – Ben Wittes’ Failure of Imagination
Ben Wittes weighs in today on Lawfare on the side of rejecting privacy rights for anyone but U.S. citizens, aligning himself with Orin Kerr and against myself [see my previous…
Making Sense of the NSA Metadata Collection Program (Part II)
In a previous post here on Just Security, I discussed the constitutionality of the National Security Agency (NSA) program that sweeps up detailed “metadata” pertaining to essentially…
My New Paper on Standing and Secret Surveillance
Our good friend (and separation-of-powers maven) Peter Shane from (the) Ohio State University’s Moritz College of Law is hosting a “virtual” symposium on NSA…
Key Issues in the New Senate Bill to Require White House Drone Strike Casualty Reports
This week, the Senate Intelligence Committee approved the Intelligence Authorization Act for Fiscal Year 2014. The legislation contains an important section which would…
The Basis for the NSA’s Call-Tracking Program Has Disappeared, If It Ever Existed [Updated]
There’s a significant discrepancy, one that deserves more attention, between what the NSA told the Foreign Intelligence Surveillance Court five years ago about the call-tracking…
The Process of Transferring Drone Operations from the CIA to the Pentagon: Slow Track, Just Stalled, or Terminal?
On Tuesday evening, Foreign Policy published an exclusive report, with a headline suggesting that the administration has terminated the idea of transferring drone operations from…
Spy v. Spy?: The coming push to create an EU spy agency to counteract the NSA
In an interview on Monday, a senior EU official, Commissioner of Justice Viviane Reding unveiled, in broad brushstrokes, a proposal to create a spy agency to counteract the NSA.…
Newsweek’s Wayward Cover Story on Snowden and Chinese Cyber Hacking
Newsweek’s current cover story, “How Edward Snowden Escalated Cyber War with China” by Kurt Eichenwald, is an important read. Eichenwald makes two claims: Snowden’s impact:…
The Constitutionality of a FISA “Special Advocate”
The Privacy and Civil Liberties Oversight Board (PCLOB) is holding a day-long hearing today on possible reforms to the NSA’s surveillance activities—especially those conducted…
PCLOB Hearing on NSA Review
Today the Privacy and Civil Liberties Oversight Board (PCLOB) is holding a public hearing on recommended changes to surveillance programs authorized under the USA PATRIOT Act and…
African Commission Emerges as New Forum in Quest for Justice for Rendition Victims
[This post is authored by Roxanne Moore (NYU LLM ’14), Daniella Raveh (NYU JD ’15), Meg Satterthwaite, Amanda Bass (NYU JD ’15), in Banjul, Gambia] Today, we appeared alongside…