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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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.
TOPSHOT - An art mural of slain US-Palestinian correspondent Shireen Abu Akleh is pictured at a section of Israel's separation fence between Jerusalem and the city of Bethlehem in the occupied West Bank on December 6, 2022. - The United States said today it opposed Al Jazeera taking the killing of Palestinian-American reporter Shireen Abu Akleh to the International Criminal Court, renewing objections to investigations involving Israel. Al Jazeera submitted the case of slain journalist Shireen Abu Akleh to the International Criminal Court, saying the veteran reporter was deliberately killed by Israeli forces. (Photo by AHMAD GHARABLI / AFP) (Photo by AHMAD GHARABLI/AFP via Getty Images)

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.
Large surveillance desk with someone watching a wall of monitors. (Photo: Getty Images)

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.
The Twitter account of Elon Musk is displayed on a smartphone with a Twitter logo in the background on November 21, 2022. (Photo by Nathan Stirk/Getty Images)

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
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

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.
overhead shot of flooded houses

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.
FBI Director Christopher Wray testifies during a hearing before Senate Judiciary Committee at Hart Senate Office Building on Capitol Hill August 4, 2022

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.
Elon Musk and Kanye West

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.
Lady Justice against laptop monitor

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.
A 3D hologram of the globe with circles and grids laid over to indicate communications and technology.

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.
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