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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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.
A dark wooden library with long tables with chairs and lamps for people to work at. People are scattered in seats along the tables. A book stands at the forefront of the photograph with a reading lamp above it.

Surveillance and Privacy Scholars: Four Things the Government Needs From You

Adam Klein, who recently served as Chair of Privacy and Civil Liberties Oversight Board (PCLOB), calls for specific lines of scholarly research and analysis.
Surveillance cameras cover a pole on the corner of Tiananmen Square in Beijing on September 6, 2019.

What Biden Needs to Say About Surveillance Tech and Foreign Policy

Western countries have critiqued China's use of surveillance tech while continuing to export these tools. It's time to align human rights and trade policies.
Side by side images of a plaque reading “Committee on the Budget” and a digital graphic of a face made of up of wires, numbers, and a grid like facial recognition or AI. The back of the head dissolves to numbers floating in a trail behind the head.

Artificial Intelligence in the Intelligence Community: The Tangled Web of Budget & Acquisition

To successfully integrate AI into the IC, budget and acquisition processes must increase in speed, flexibility, and simplicity.
Three people check Facebook over tea and food at a teashop in Yangon, Myanmar.

Q&A on Court Ordering Facebook to Disclose Content on Myanmar Genocide

Implications for future investigations and more...
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.
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