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.
1,846 Articles

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.

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.

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.

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…

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. "

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…

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.

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.

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?

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.

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…