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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1,846 Articles
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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,…
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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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U.S. Domestic Terrorism Prosecutions: The Reality Behind the Government’s Inflated Numbers

U.S. policymakers and the public need to better understand the extent, nature, and efficacy of domestic terrorism prosecutions.
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Remote Sensing from Space: What Norms Govern?

"If recent excitement about spy balloons is any indication, it may be high time to prioritize a coherent international framework for remote sensing."
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Just Security Podcast: A Guilty Verdict in the Proud Boys Trial

To help us understand what the verdict means, what’s missing, and what comes next, we have Tom Joscelyn and Mary McCord. 
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Preventing Intelligence Leaks: Let’s Start Over

A new "secrecy paradigm" is needed to prevent future intelligence leaks that could be even more damaging than the Teixeira breach.
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The Role of Culture in Torture and its Absence in Guantanamo’s Medical Care System

Culturally competent medical care, including to the extent possible care provided by independent medical experts of the detainees’ nationalities, is needed at Guantanamo now.
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If Dianne Feinstein Were President

Tracking the rules pertaining to a disabled president, there should be a formal procedure allowing a senator to temporarily step aside.
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I’ve Prosecuted National Security Cases. It Can Take Time to Get Them Right.

Prosecutors in counterintelligence cases are maximizing their chances of success while protecting defendants’ rights and national security.
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The Year of Section 702 Reform, Part II: Closing the Gaps and Completing the Modernization of FISA

There are gaps in FISA's coverage that collect American communications outside of any statutory framework and beyond the reach of courts.
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The Teixeira Breach: What Top Intelligence and Legal Experts Are Saying

Analysis from top intelligence and legal experts on the Teixeira breach and implications for national security.
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