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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On Trees Falling Silently in Oversight Forests: Three Reflections on Yesterday’s HPSCI Hearing

Although it’s been overtaken by subsequent events, I thought I’d post some reflections on yesterday’s rare open hearing before the House Permanent Select Committee…
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A “Hardy Perennial”: US Intelligence Operations Targeting Foreign Leaders

At Tuesday’s House Intelligence Committee hearing, Director of National Intelligence James Clapper said, it is a “hardy perennial as long as I have been in the intelligence…
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Live Feed of HPSCI Hearing on Potential Changes to FISA [Update: hearing now complete]

[Update (5:15 pm): The HPSCI Hearing on Potential Changes to FISA is now complete.  Recorded video of the hearing testimony is provided below in two parts, due to the length of…
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We Are All Foreigners: NSA Spying and the Rights of Others

The New York Times reports today that President Obama is expected to ban eavesdropping on the phones of our allies’ presidents and prime ministers.  There is no indication,…
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My Written Statement for Tomorrow’s HPSCI “NSA Programs” Hearing

Tomorrow afternoon beginning at 1:30, the House Permanent Select Committee on Intelligence (“HPSCI”) is holding a rare open hearing, the subject of which is “NSA…
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Hands Off Encryption! Say New Amici Briefs in Lavabit Case

The Fourth Circuit Court of Appeals is in the process of deciding the first legal challenge to government seizure of the master encryption keys that secure our communications with…
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Latest Round of Briefing in ACLU v. Clapper “Telephony Records Program” Case

The ACLU and the Government filed their reply briefs today on their respective motions in the Section 215 “Telephony Records Program” litigation in the Southern District…
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Laura Donohue’s Comprehensive Case Against Bulk Metadata Collection

Our good friend and Georgetown Law Professor Laura Donohue has been kind enough to share with us an advance draft of her latest article, “Bulk Metadata Collection: Statutory…
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The Solicitor General Should Correct the Record in Clapper

In yesterday’s New York Times, Charlie Savage confirmed something we’ve suspected for some time—that until very recently the Justice Department was failing to provide statutorily…
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Five Questions We Should All Be Asking About the NSA and the US Targeted Killing Program

The Washington Post’s latest piece on NSA surveillance, based on Edward Snowden’s leaked documents, provides a glimpse into the US government’s highly secretive process for…
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We All Go Down Together: NSA Programs Overseas Violate Americans’ Privacy, Yet Escape FISC, Congressional Oversight

Ongoing revelations show that significant NSA surveillance activities take place outside of either Foreign Intelligence Surveillance Court (FISC) or congressional oversight, even…
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The Government’s Initial Supreme Court Filing on the Section 215 “Telephony Records Program”

On Friday the government filed its brief in opposition to the Electronic Privacy Information Center’s mandamus petition to the Supreme Court, No. 13-58, in which EPIC is challenging…
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