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.
1,837 Articles
Reforming FISA: A Critical Look at the Wyden/Udall Proposal and Foreign Surveillance
A new bipartisan bill co-sponsored by two of the most vocal critics of the NSA does not go far enough to protect the average non-U.S. person from indiscriminate surveillance. …
The Coming Political Realignment?
For a summer full of remarkable moments in U.S. national security law and policy, one of the most unusual came on July 24, when an amendment to effectively de-fund the NSA’s…
Debate (Round 2): Metadata and the Fourth Amendment – A Response
This post is one in a series of posts from Just Security‘s Jennifer Granick and Guest Author Orin Kerr debating the constitutionality of the NSA’s telephony metadata…
Debate (Round 2): Metadata and the Fourth Amendment
This post is one in a series of posts from Just Security‘s Jennifer Granick and Guest Author Orin Kerr debating the constitutionality of the NSA’s telephony metadata…
Why David Miranda’s Case Is Harder Than It Looks
The detention of David Miranda, the partner of Guardian newspaper journalist Glenn Greenwald, has sparked widespread controversy and international press coverage (including the…
Unprivileged Does Not Mean Prohibited
In his latest post, Ryan takes issue with those who argue that it would violate international law for a state civilian agency, such as the CIA, to use force in an armed conflict. …
Good Reasons May Exist to Close CIA Drone Program—But Claim that CIA Agents are “Unprivileged Belligerents” is Not One of Them
Senator John McCain has vowed to accelerate the effort to transition control of drone operations from the CIA to the Pentagon, and he will likely have support from top Senate Democrats.…
Are Journalists in Danger of Prosecution for Espionage?
Following up on Steve’s post, and in timely anticipation of Just Security’s event this afternoon, I was struck by Gabriel Schoenfeld’s somewhat fevered suggestion that the…
The Espionage Act and the Press: A Short Response to Gabe Schoenfeld
In his provocative guest post (which should, if nothing else, provide that much more of a reason to check out tomorrow’s Just Security launch event), Gabe Schoenfeld asks…
The Espionage Act and National Security Reporting
Liberals and conservatives seem to agree that the Obama administration has been waging a “war against the press.” On the Left, we have Salon and the Huffington Post condemning,…
Are Internet Backbone Pen Registers Constitutional?
Between Edward Snowden’s ongoing leaks and a series of frankly unprecedented disclosures by the government itself, the public now knows quite a bit about the NSA’s…
Debate: Metadata and the Fourth Amendment – A Reply to Jennifer Granick
This post is the second in a series from Just Security‘s Jennifer Granick and Guest Author Orin Kerr debating the constitutionality of the NSA’s telephony metadata…