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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1,805 Articles

2022 Update: Good Governance Paper No. 5: Prepublication Review – How to Fix a Broken System

At one-year mark of Biden administration, top experts revisit proposals to restore and promote nonpartisan principles of good government.
NEW YORK, NY - JULY 31: U.S. Department of Homeland Security Under Secretary Chris Krebs, General Paul Nakasone of the National Security Agency, Homeland Security Secretary Kirstjen Nielsen, Department of Energy Secretary Rick Perry and FBI Director Christopher Wray attend the Department of Homeland Security's Cybersecurity Summit on July 31, 2018 in New York City. Homeland Security Secretary Kirstjen Nielsen said, "Cyberattacks now exceed the danger of physical attacks...This has forced us to rethink homeland security." (Photo by Kevin Hagen/Getty Images)

The Role for DHS in Countering the Disinformation Threat

DHS is well-placed to serve as the "truth-teller" to the American public.
US Department of Justice building at night.

Timeline for Anniversary of January 5: DOJ Election Fraud Investigations and GA Senate Runoff

While the nation turns its attention to the first anniversary of the attack on the U.S. Capitol, an important scheme having to do with the Jan. 5, 2021 Georgia Senate runoff may…
Attorney General Jeff Sessions in a bright red tie, standing behind a podiium with a seal of the Justice Department, and flanked by three white senior DOJ oifficials, announces the creation of the China Initiative on November 1, 2018.

Why Ending the Justice Department’s “China Initiative” is Vital to U.S. Security

The reverberating effects within the scientific community threaten to undermine the primacy of US science and technology at a crucial time.
Digital fingerprint, conceptual computer illustration.

The Use of Biometric Technologies for Counter-terrorism Purposes in a Human Rights Vacuum

CTED's "best practices" on biometrics miss a key dimension: international human rights law guidance.
Paper silhouettes of faces overlap one another. All except one are various shades of light grey. The one exception is in red and includes a whistle in the face’s mouth.

SSCI Could Shake Up the Intelligence Community’s Whistleblowing System

Implementing SSCI reforms is crucial for building a whistleblowing system that intelligence workers can trust.

Expert Explainer: On Verizon’s Deadline for Turning Over Meadows’ Records to Congress

Former General Counsel of Verizon discusses why Meadows' lawsuit will stop the clock on Verizon turning over data to Congress--even though Meadows' lawyer failed to name company…
In this photo illustration, the logos of social media applications, WeChat, Twitter, MeWe, Telegram, Signal, Instagram, Facebook, Messenger and WhatsApp is displayed on the screen of an iPhone on October 06, 2021 in Paris, France. Frances Haugen, a former employee of the Facebook social network created by Mark Zuckerberg, told the US Senate on October 05 that Facebook was prioritizing its profits at the expense of security and the impact of the social network on young users. To support her claims, Frances Haugen draws on her two-year experience as a product manager at Facebook and on the thousands of documents she took with her last spring, grouped together under the name of "Facebook Files ".

We Now Know What Information the FBI Can Obtain from Encrypted Messaging Apps

Despite its “going dark” claims, the FBI can obtain a remarkable amount of user data from secure messaging apps that collectively have several billion global users.

The Absence of “The Donald”

The curious omission of a notorious social media site in the FBI's criminal case files on January 6th.
Razor wire tops the fence of the U.S. prison at Guantanamo Bay on October 23, 2016 at the U.S. Naval Station at Guantanamo Bay, Cuba. An American flag waves in the background.

The Biden Administration’s Moment of Truth on Torture Evidence

US prosecutors claim the authority to use torture-derived evidence in Al-Nashiri's case, contrary to U.S. domestic and international legal obligations.
WASHINGTON, DC - FEBRUARY 23: Chairman Sen. Mark Warner (D-VA) gives an opening statement as FireEye CEO Kevin Mandia, SolarWinds CEO Sudhakar Ramakrishna and Microsoft President Brad Smith testify at a Senate Intelligence Committee hearing on Capitol Hill on February 23, 2021 in Washington, DC. The hearing focused on the 2020 cyberattack that resulted in a series of major data breaches within several U.S. corporations and agencies and departments in the U.S. federal government. (Photo by Demetrius Freeman-Pool/Getty Images)

Artificial Intelligence in the Intelligence Community: Oversight Must Not Be an Oversight

Congressional oversight of AI in the IC must evolve into a more adaptive approach that builds trust, transparency, and ultimately partnership.
International Criminal Court Prosecutor Karim Khan listens to the President of the Special Peace Jurisdiction Eduardo Cifuentes during a press conference in Bogota, October 27, 2021.

Uncertain Future for the ICC’s Investigation into the CIA Torture Program

The ICC Office of the Prosecutor has "deprioritized" investigation of CIA torture in Afghanistan. But Julian Elderfield, a former attorney in the OTP, says the stated reasons for…
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