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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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…

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…
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