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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President John F. Kennedy's murderer Lee Harvey Oswald during a press conference after his arrest in Dallas.

Federal Agencies Face April Deadline on Secret JFK Files

Congress has mandated that agencies update the public on thousands of files related to the JFK assassination by April 26. Previous disclosures have been incomplete. Will agencies…
A U.S. Marshal walks outside the E. Barrett Prettyman United States Courthouse in Washington D.C. on Saturday, June 28, 2014.

The Public Should Have Access to the Surveillance Court’s Opinions

For decades, a special court—the Foreign Intelligence Surveillance Court, or “FISC”—has issued secret legal opinions authorizing the U.S. government to conduct sweeping…
U.S. President Joe Biden stands at a podium and announces new economic sanctions against the Russia government from the East Room of the White House on April 15, 2021 in Washington, DC. A chandelier-type lamp and multiple flags stand behind him.

SolarWinds: Accountability, Attribution, and Advancing the Ball

Assessing the United States' actions on SolarWinds and what it means for global responses to malicious cyber activities in future.
A bus passes a large Microsoft sign and logo lit up in bright lights.

We’re From the Government, We’re Here to Help: The FBI and the Microsoft Exchange Hack

In a recent operation, the FBI removed malware from hacked Microsoft Exchange servers, and only attempted to notify the servers’ owners after the fact. This approach is almost…
U.S. President Joe Biden stands at a podium and announces new economic sanctions against the Russia government from the East Room of the White House on April 15, 2021 in Washington, DC.

Limited Sanctions Will Not Deter Putin, But They Are a Fine Start

All this disclosure is arguably the best way for democracies to use true information to fight back against manipulative active measures
The “Police Nationale” sign at the entrance of the police station of Champigny-sur-Marne, outside Paris, on the evening after it was attacked by around 40 people launching fireworks.

The French Global Security Law: Security or Liberties?

When it comes to the Global Security Law Proposal, which is currently being discussed by the French Parliament, it seems that France is choosing security before liberties.
People wearing face masks visit a Huawei booth during the Mobile World Congress in Shanghai on February 23, 2021.

China’s Dystopian “New IP” Plan Shows Need for Renewed US Commitment to Internet Governance

The US must rally partners to rein in the abuse of multilateral institutions for Huawei’s plans on 6G and beyond, which make concerns over 5G look minor.
A folio lays and a dark surface. The front page reads, “FARA and 951 Presentation and Roundtable June 29, 2017.”

In Absence of Foreign Agents Registration Reform, DOJ Tweaks Could Make a Big Difference

Its core obligations have not been comprehensively updated since the 1960s. Until they are, the executive branch could address key shortcomings.
US Attorney General Merrick Garland addresses staff on his first day at the US Department of Justice in Washington, DC on March 11, 2021.

How Attorney General Garland Can Strengthen FOIA Implementation

Here's what Attorney General Garland's department-wide memorandum on the Freedom of Information of Act should look like.
A phone show the Garmin Connect software with an error message that reads, “Server Maintenance: Sorry, we are down for maintenance. Check back shortly.” and “We are currently experiencing an outage that affects Garmin.com and Garmin Connect. This outage also affects our call centers, and we are currently unable to receive any calls, emails, or online chats. We are working to resolve this issue as quickly as possible and apologize for this inconvenience.” A watch that is clearly not working and has a dark screen is shown next to the phone with these messages.

Germany’s Positions on International Law in Cyberspace Part I

Germany issues major statement on cyberspace and international law, analyzed here by leading expert Professor Michael Schmitt.
People walk in a courtyard near a tall building. The colors of the image are separated and blurred in a psychedelic camera effect to give the appearance of seeing double.

Intelligence Reimagined: Don’t Forget the Human Dimension in the Pursuit of Technological Solutions

The lopsided emphasis on technology in recent assessments risks an under-appreciation of the human dimension of intelligence gathering.
A woman crosses a street with her child during clashes between security forces and anti-government protesters in the northern city of Tripoli, on January 29, 2021.

Robust Gender Analysis Will Be Key to Effective US Policy Development

Securing equality in foreign policy and national security means implementing requirements and ensuring they apply to all government decision-making.
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