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.
1,809 Articles

Congress Passes Justice for Victims of War Crimes Act
Congress passed a bill to prosecute alleged war criminals in the U.S. – regardless of the nationality of the perpetrator or the victim.

Shireen Abu Akleh’s Killing Raises Questions about U.S. Security Assistance to Israel
U.S. officials should ensure the Leahy laws are applied consistently to all countries, including Israel.

UN Counterterrorism and Technology: What Role for Human Rights in Security?
A key UN committee opened its doors to civil society and experts, but the resulting Delhi Declaration contains little of that input thus far.

More Turbulence Ahead for Twitter as the EU’s Digital Services Act Tests Musk’s Vision
Much depends on how social media platforms interpret their obligations under the new regulation, and how EU authorities enforce it.

The Just Security Podcast: United States v. Trump – A Model Prosecution Memo for Mar-a-Lago
To discuss the Just Security Model Prosecution Memo we have Andrew Weissmann, Joyce Vance, and Ryan Goodman, who were among the memo’s authors

Mar-a-Lago Model Prosecution Memo
"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,…

Encryption Helps Ukrainians Resist Russia’s Invasion, but a European Plan Threatens the Underlying Trust Any Tech User Needs
The intended crime-fighting proposals could force encrypted-messaging services to abandon basic confidentiality or pull out of the market.

Loss and Damage at COP27: What’s Been Lost, What Can We Salvage From the Damage?
States should fund serious progress on loss and damage now to avoid future bills related to climate change.

The Missing Review of FBI’s January 6 Intelligence and Law Enforcement Failures
The country needs an examination of the FBI's organizational and individual flaws that helped bring us to January 6th.

Twitter, Elon, Ye, and the “Lex Platformia” – Emergent Rules for Governing Social Media
An emerging set of rules that apply to public expression on platforms hosting content could ensure that necessary democratic safeguards are securely in place.

The Biden Administration’s SIGINT Executive Order, Part II: Redress for Unlawful Surveillance
Congress must step in to ensure individuals can fairly pursue redress for unlawful surveillance in Article III courts.

The Biden Administration’s SIGINT Executive Order, Part I: New Rules Leave Door Open to Bulk Surveillance
Congressional action is needed to ensure Biden's executive order on signals intelligence collection safeguards privacy rights.