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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The large gray Department of Justice building with a clear blue sky in the background. The drooped flag outside the building indicates a windless time of day. Photo credit: Coolcaesar from Wikimedia Commons

Model Prosecution Memo for Trump Classified Documents

"The authors have decades of experience as federal prosecutors and defense lawyers, as well as other legal expertise. Based upon this experience and the analysis that follows,…
A redacted document in English is shown with some words blacked-out.

Dispelling Myths: How Classification and Declassification Actually Work

Must the president follow any specific procedures when declassifying government information? The answer is a resounding no.
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The Just Security Podcast: The Classification Process Declassified

To help us understand how the presidential classification and declassification process works in practice, we have Brian Greer and Wendy Leben.
Committee chairman Sen. Bob Menendez (D-NJ) confers with ranking member Sen. James Risch (R-ID) during a Senate Foreign Relations Committee hearing on Capitol Hill March 10, 2022 in Washington, DC.

It’s Time to Fix Congress’ Classification Infrastructure

As Congress works to reassert its authority over United States war making, it should improve its infrastructure and policies for handling sensitive information.
The U.S. Capitol building is seen at sunset on March 1, 2022 in Washington, DC. (Photo by Samuel Corum/Getty Images)

Expert Backgrounder: Title I of the Foreign Intelligence Surveillance Act vs. Section 702

A quick-reference guide to understanding the legal debate about electronic national security surveillance (and how to spot imposters trying to muddy the waters)
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Inching Toward a More Transparent Office of Legal Counsel

Analysis of DOJ Office of Legal Counsel's May 19, 2023 release of a new index of unclassified OLC opinions written between 1998 and 2019.

“Honey, I’m Hacked”: Ethical Questions Raised by Ukrainian Cyber Deception of Russian Military Wives

States must pay greater attention to adequately preparing military relatives for targeted cyber deception campaigns.
Reporters watch a CNN town hall featuring Donald Trump on a screen.

Trump’s Most Pivotal, Incriminating Admission on CNN

"But why is this admission so pivotal to the potential outcome of a trial? The answer is location, location, location."
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The Just Security Podcast: FISA Section 702 Reauthorization

To understand how the U.S. government thinks about Section 702 reauthorization, Tess Bridgeman sat down with Chris Fonzone and Josh Geltzer.
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Spyware Out of the Shadows: The Need for A New International Regulatory Approach

We urgently need a system where the developers of spyware tools are forced either to require their State customers to provide credible guarantees on future human rights compliance,…

DHS Intelligence Rearranges the Deck Chairs—Again

The new realignment of the DHS Office of Intelligence & Analysis fails to address the agency's fundamental problems.
This photo illustration created on April 13, 2023, shows the Discord logo and the suspect, national guardsman Jack Teixeira, reflected in an image of the Pentagon in Washington, DC.

Not for Self, But for Country? A Crisis for U.S. Counterintelligence

The Teixeira breach revealed a new counterintelligence challenge - young Americans who have lost faith in the system.
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