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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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 National Security Agency (NSA) headquarters at Fort Meade, Maryland, as seen from the air, January 29, 2010.

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…
A teenage child looks at a screen of age-restricted content on a laptop.

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 battle group platoon commander Lieutenant Rik (L) speaks with an Afghan village elder during a patrol in Chora valley in Afghanistan's southern Uruzgan province.

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…
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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.
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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…
Barbed wire fence

A Big Few Weeks for Guantanamo: The Good, the Bad, and the Ugly

"It’s been an uncharacteristically Guantanamo-news-filled few weeks – some good, some bad, some ugly. Here’s a quick rundown of recent developments."
The U.S. Supreme Court building lit by sunlight against a blue sky.

Dear Senator Durbin, It’s Time to End the “Blue Slip” for Judicial Nominees

It's long past time for the Senate to abandon the anti-democratic "blue slip" process for judicial nominations.
visualization of big data

The IC’s Biggest Open-Source Intelligence Challenge: Mission Creep

Expanding US open-source intelligence collection comes with key risks and trade-offs.
In this photograph taken on July 31, 2022, smoke rises from a house following a US drone strike in the Sherpur area of Kabul

Permanently Winding Down the War on Terror Requires Greater Transparency

Increased transparency is needed to ensure the United States makes a definitive turn away from endless war.

Rep. Jordan’s Dangerous New Panel is Nothing Like the Church Committee

The 1970’s era probe of executive branch intelligence abuse was honest oversight that spurred improvements benefiting the American people.
US Attorney General Alberto Gonzales raises his right hand at a committee meeting.

Could Biden Face Charges? The Alberto Gonzales Precedent Says Not

The Gonzales declination appears to be a precedent that will weigh heavily in favor of DOJ closing its Biden investigation without a charge.
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