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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Former chief prosecutor Benjamin Ferencz addresses guests during the inauguration of the new information and documentation center "Memorial Nuremberg Trials", in Nuremberg, southern Germany, on November 21, 2010.

Nuremberg Prosecutor says Guantanamo Military Commissions Don’t Measure Up

In an upcoming filing, the last living Nuremberg prosecutor, Benjamin B. Ferencz, says there is "very limited comparison" between the Guantanamo military commissions and the Nuremberg…
Side by side images of Secretary of Defense Lloyd James Austin III speaking with General Mark A. Milley at a hearing and Avril Haines, Director of National Intelligence speaking with William Joseph Burns, Director of the CIA, at a hearing.

Former Chair of U.S. National Intelligence Council: Learning the Right Lessons from Afghanistan

"The example of the Iraqi army — which quickly collapsed in the Islamic State’s 2014 blitz across northern Iraq —  ought to have sharpened the concerns about the Afghan…
U.S. President Joe Biden and Vice President Kamala Harris (on screen) hold a video conference with the national security team (on screen) to discuss the ongoing efforts to draw down our civilian footprint in Afghanistan August 16, 2021 at Camp David in Frederick County, Maryland. Biden sits at a large conference table alone with the video screen on the opposite wall.

CIA’s Former Counterterrorism Chief for the Region: Afghanistan, Not An Intelligence Failure — Something Much Worse

"While it’s certainly convenient to depict the shock and miscalculation U.S. officials claim over Afghanistan’s tragic, rapid fall to the Taliban as an intelligence failure,…
A graphic design of a person or android’s head in blue covered in lights depicting coding. Binary numbers run up and down the side of the page next to the person.

Artificial Intelligence in the Intelligence Community: Culture is Critical

The US intelligence community must prioritize addressing its own internal culture in order to engage effectively in the global AI race.
Attorney General nominee Merrick Garland testifies during his confirmation hearing before the Senate Judiciary Committee in the Hart Senate Office Building on February 22, 2021 in Washington, DC.

A Flaw in the Attorney General’s Policy Against Seizing Reporters’ Records

The new Guidelines hamstring prosecutors’ ability to counter the worst espionage, writes George Croner.
The dome of the U.S. Capitol building is seen behind a barbed wire fence on January 14, 2021. The barbed wire was installed after the attempted coup on January 6, 2021.

GAO Faults DHS for Failing to Designate Jan. 6 as a Protected Event in Advance of Attack

DHS erroneously considered activities at the Capitol “routine congressional business” and failed to properly consider threat environment, GAO report says.
Trump speaks as White House Chief of Staff Mark Meadows stands behind him prior to Trump's Marine One departure from the South Lawn of the White House July 29, 2020 in Washington, DC.

Mark Meadows Timeline: The Chief of Staff and Schemes to Overturn 2020 Election

Meadows was directly involved at major intersections of President Donald Trump’s efforts to overturn the 2020 presidential election. A detailed timeline of all the publicly available…
A phone showing app icons for WeChat and TikTok. An American flag and Chinese flag are in the background behind the phone.

Balancing Reality and Fear: Why An Alarmist Take on Chinese Influence Operations Is Counterproductive

Five specific reasons not to exaggerate the threat of Chinese cyber influence operations.
A cylindrical cipher device.

Encryption Originalism

Encryption originalism views strong encryption as the modern reemergence of Founding Era practice of employing—often unbreakable—ciphers.
The U.S. Department of Justice Building, where the Office of Legal Counsel resides.

Long-Withheld Office of Legal Counsel Records Reveal Agency’s Postwar Influence

The Knight Institute is publishing 14 indexes cataloging the titles of more than a thousand unclassified opinions authored by the OLC between 1945 and 1958.
Abstract Background - Cyber Internet

Artificial Intelligence in the Intelligence Community: Money is Not Enough

Congress wants to spend hundreds of billions of dollars on competitiveness in emerging technology, and AI in particular. But spending it effectively requires reforms to the Intelligence…
Fox News host Tucker Carlson discusses 'Populism and the Right' during the National Review Institute's Ideas Summit at the Mandarin Oriental Hotel March 29, 2019 in Washington, DC.

The Tucker Carlson Disinformation Show

Tucker Carlson's latest claims provide a textbook example of the disinformation techniques that fuel conspiracy theories – and illustrate what makes them so dangerous.
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