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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Rep. Pete Aguilar (D-CA), Rep. Stephanie Murphy (D-FL) Rep. Adam Schiff (D-CA), and Rep. Zoe Lofgren (D-CA) listen during the Select Committee investigation of the January 6, 2021, attack on the US Capitol, during their first hearing on Capitol Hill in Washington, DC, on July 27, 2021.

Congress’ Access to Individuals’ Private Communications: The Jan. 6 Committee’s Troubling Precedent

How and why federal law — Stored Communications Act — and Constitution may block January 6 Committee’s ability to subpoena telecommunications content.
Rep. Adam Kinzinger (R-IL), and Rep. Jamie Raskin (D-MD) listen to testimony from DC Metropolitan Police Department Officer Michael Fanone before the House Select Committee investigating the January 6 attack on US Capitol on July 27, 2021 at the U.S. Capitol in Washington, DC.

In the Wake of the January 6 Attacks, Will Congress and the Administration Heed the Lessons of 9/11?

The need to respond forcefully to the insurrection should not be conflated with the need for new legal authorities.
The White House lawn on a sunny day with the White House in the background.

The Executive Branch Needs Intelligence Oversight Reform

The PIOB and PCLOB should be combined into a single White House civil liberties and compliance office, with an expanded mission.
Two tall greyscale rectangles cast dark shadows representing the Twin Towers. Text reads, “How Perpetual War Has Changed Us: Reflections on the 20th Anniversary of 9/11”

Paradigm Shift: The Consequences of Choosing a War Path, and Leaving It

We owe it to the next generation to grapple now with the consequences of remaining at war -- as well as the consequences of choosing not to be -- lest we find ourselves reflexively…
Two tall greyscale rectangles cast dark shadows representing the Twin Towers. Text reads, “How Perpetual War Has Changed Us: Reflections on the 20th Anniversary of 9/11”

The Legacy of 9/11: Counterintelligence and Counterterrorism Spotlights and Blind Spots

(Editor’s note: This essay is part of a Symposium published for the twentieth anniversary of September 11th; co-organized by Just Security and the Reiss Center on Law and Security.)…
Two tall greyscale rectangles cast dark shadows representing the Twin Towers. Text reads, “How Perpetual War Has Changed Us: Reflections on the 20th Anniversary of 9/11”

The Costs of 9/11’s Suspicionless Surveillance: Suppressing Communities of Color and Political Dissent

The domestic intelligence system has grown dramatically since 9/11, often targeting Muslims, people of color, and political movements. It's time to rethink the system.
Two tall greyscale rectangles cast dark shadows representing the Twin Towers. Text reads, “How Perpetual War Has Changed Us: Reflections on the 20th Anniversary of 9/11”

Five Principles to End the Forever War

A comprehensive and detailed guide to ending the Forever War and enhancing American security.
Two tall greyscale rectangles cast dark shadows representing the Twin Towers. Text reads, “How Perpetual War Has Changed Us: Reflections on the 20th Anniversary of 9/11”

In the “War on Terror,” What Did Rights Organizations Get Wrong?

A leading human rights lawyer raises provocative questions about track record of U.S. human rights organizations. An essay in advance of a live event on Thursday night to discuss…
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.
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