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.
1,851 Articles
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.
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 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…
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 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…
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.
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…
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."
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.
The IC’s Biggest Open-Source Intelligence Challenge: Mission Creep
Expanding US open-source intelligence collection comes with key risks and trade-offs.
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.