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.
1,837 Articles
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.
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.
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.
The Teixeira Disclosures and Systemic Problems in the U.S. Intelligence Community
As intelligence leaders assess the damage from the Teixeira leaks, Congress should ask tough questions to hold the executive branch accountable and prevent future leaks.
Lessons from COVID-19: Intelligence Failures and How to Prepare for the Next Global Crisis
The pandemic was a global intelligence failure, and the world still has not learned the lessons to prepare for the next crisis.
Digital Privacy Legislation is Civil Rights Legislation
Seven must-have provisions for a comprehensive federal consumer data privacy law - without such a law, America can’t have “liberty and justice for all.”
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.