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

Reexamining the Fundamentals of the Drone Program After the Kabul Strike

"There are certainly unique circumstances to the Kabul strike, but if we miss the bigger lessons, we only invite further tragedy. "
Partially burnt footwear are pictured amid the debris of the house of Ezmarai Ahmadi that was damaged in a US drone strike in the Kwaja Burga neighbourhood of Kabul on September 18, 2021.

Hidden Negligence: Aug. 29 Drone Strike is Just the Tip of the Iceberg

A deep analysis of the broader system in which the August 29 Kabul drone strike is situated, by top expert on civilian casualties and lead author of several Department of Defense…
An Investigator holds a piece of evidence as he and others search for evidence inside the wreckage of a Police bus at the site of a bomb blast in Kabul, 17 June 2007.

What the Afghanistan Withdrawal Teaches Us About Safeguarding Human Rights Evidence

As the Taliban seized control, evidence of human rights abuses had to be destroyed, hidden, or risk capture. It didn't have to be this way.
A collage of 4 screenshots from different lectures during AI Symposium. Speakers are shown on screen via Zoom.

Symposium Recap: Security, Privacy and Innovation – Reshaping Law for the AI Era

Experts discuss how the law must adapt to promote innovation while addressing serious questions around the development and use of AI.
District Attorney Cyrus R. Vance Jr. of New York County, New York; cyber security fellow Matt Tait of University of Texas at Austin, Texas; Erik Neuenschwander, Manager of User Privacy of Apple, Inc.; Jay Sullivan, Product Management Director for Privacy and Integrity in Messenger of Facebook, Inc. testify during a hearing before Senate Judiciary Committee December 10, 2019 on Capitol Hill in Washington, DC.

Client-Side Scanning: A New Front In the War on User Control of Technology

When technology has expanded to nearly every corner of our lives, how much control should users have over the devices they own?
Dutch Minister of Foreign Affairs Bert Koenders hosts the large international consultations with representatives of the Global Counterterrorism Forum (GCTF) and the Anti ISIS coalition in the fight against terror In The Hague, January 11, 2016. The representatives sit in a large room around tables arranged into a square. Large screens show projections of the minister speaking.

Watchlisting the World: Digital Security Infrastructures, Informal Law, and the “Global War on Terror”

The Global Counterterrorism Forum's new "toolkit" ignores input, tracks US practice to dangerously expand the unaccountable post-9/11 system.
National Counterterrorism Center Director Matthew Olsen, FBI Director James Comey, Director of National Intelligence James Clapper, CIA Director John Brennan, Defense Intelligence Agency Director Lt. Gen. Michael Flynn testify during a hearing before Senate (Select) Intelligence Committee January 29, 2014 on Capitol Hill in Washington, DC.

20 Years After the Patriot Act, America Must End Secret Law

Of the many abuses that sprung from the Patriot Act’s toxic soil, the most pernicious and enduring is the growth of secret laws. The insistence that the government must not only…
US President George W. Bush signs into law an anti-terrorism bill that expands police and surveillance powers in response to September 11 attacks on the World Trade Center and the Pentagon, 26 October 2001 in the East Room of the White House in Washington, DC. With Bush from left to right are Rep. Mike Oxley, R-OH, Sen. Orrin Hatch, R-UT, Sen Pat Leahy, D-VT, Sen. Harry Reid, D-NV, and Rep. James Sensenbrenner, R-WI.

Rethinking Surveillance on the 20th Anniversary of the Patriot Act

20 years ago, Congress enacted the PATRIOT Act. It's time to move on from that outmoded model of surveillance.
U.S. President Joe Biden speaks during a meeting about cybersecurity in the East Room of the White House on August 25, 2021 in Washington, DC. Members of the Biden cabinet, national security team and leaders from the private sector sit around long tables arranged in a circle or square attending the meeting about improving the nation's cybersecurity. Many of the chairs are socially distanced.

US Cybersecurity Has a Metrics Problem. Here’s How to Fix It.

Lawmakers have taken critical steps this year, but the lack of data makes it hard to know whether U.S. cybersecurity is actually improving.
Secretary of Defense Lloyd Austin delivers remarks at the National Security Commission on Artificial Intelligence Global Emerging Technology Summit on July 13, 2021 in Washington, DC.

Artificial Intelligence in the Intelligence Community: Know Risk, Know Reward

For AI, where the risk of inaction can be greater than the risk of action, the IC needs a flexible, strategic risk assessment framework.
Relatives gather to look at the dead bodies of ten people including children after a raid on their farms in Bariire, some 50 km west of Mogadishu, on August 25, 2017.

Insight Into Biden’s Counterterrorism Thinking Suggests More of the Same

Rather than rebrand painfully flawed approaches, the US must heed the calls and ideas of civil society, academics, and practitioners.
A relative of Ezmarai Ahmadi on September 18, 2021, inspecting the debris of a destroyed vehicle that was damaged in a US drone strike in the Kwaja Burga neighbourhood of Kabul.

The Overhyping of Over the Horizon

It might represent the only option for the US on terrorist threats from Afghanistan, but it will be brute, imperfect military force.
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