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.
1,807 Articles
Expert Q&A on IHL Compliance in Russia’s War in Ukraine
IHL needs to be respected in the heat of battle. How to achieve that goal - and reduce civilian suffering during hostilities - should become an urgent focus of international attention.
Transnational Repression Increasingly Reaches Into the United States
In countering transnational repression, "[c]ivil litigation provides a pathway for holding ... authoritarian regimes directly accountable, not just their hired guns, if significant…
Universal Rights to Water and Sanitation in the Global North is a Myth
Recognizing that universal access to water is a myth is the first step toward ensuring water and sanitation rights for all.
The Russian Intercept of the U.S. Reaper and International Law
The Russian operation almost certainly violated the international law obligation of due regard and, perhaps, the prohibition on using force. Nevertheless, the Biden administration…
Attorney General Merrick Garland and Intelligence Community Leaders Testify on the Reauthorization of Section 702 of FISA
Editor’s Note: This article, originally published on March 2, has been updated to reflect the testimony of top intelligence leaders before the Senate Select Committee on Intelligence…
A Right to Spy? The Legality and Morality of Espionage
The Chinese spy balloon incident raises deeper concerns about the legality and morality of espionage.
Just Security Podcast: Spies, Balloons, and International Law
What does international law say about spying? To answer that question we have Asaf Lubin, an expert on international law and espionage.
The Year of Section 702’s Reauthorization: A Reply on “Back Door” Searches
There are targeted, sensible reforms regarding use of Section 702-acquired information by the FBI for non-national security investigations that would avoid throwing the baby out…
Mind the Gap: The UK is About to Set Problematic Precedents on Content Regulation
Potentially positive elements of the UK's Online Safety Bill "are overshadowed and at risk of being negated by some of the more politically-motivated, hyperbolic aspects. The House…
Dutch Court, Applying IHL, Delivers Civil Judgment for Victims of 2007 Afghanistan Attack
"Ideally, a judgment like that in the Chora case can provide, in addition to justice for the plaintiffs, a constructive effect towards a better functioning of the military consistent…
The Just Security Podcast: Eliminating the Judicial “Blue Slip”
An obscure process called the “blue slip,” allows a single Senator to stop a judicial nomination in its tracks.
The Year of Section 702 Reform, Part I: Backdoor Searches
Requiring a warrant for U.S. person queries honors the balance between security and liberty struck in the Fourth Amendment and ensures that Section 702 can’t be used to get around…