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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1,807 Articles

Struggles of American Democracy and Implications for Human Intelligence

Despite our democracy’s recent struggles, and perhaps even enhanced by them, America's soft-power advantage is as true now as ever.

What Should Congress Focus on for the DNI Confirmation Hearing?

The key policy and topic areas that should be covered in Friday's confirmation hearing for Avril Haines, Biden's nominee to be director of national intelligence.
Facebook logos and images on multiple screens.

December Brought Harbingers of the Regulation Social Media Companies Could Soon Face

Are the winds changing for data-intensive companies, and what is the prevailing mood of technology regulators on both sides of the Atlantic heading into 2021?
File folders in a filing cabinet

The Promises of FOIA in 2021: A Ready Pathway to Accountability

It's not just a matter of choice for Biden admin. Here's what the Freedom of Information Act — and pending litigation — requires the executive branch to disclose about Trump…
A 3D illustration of binary numbers in blue waves. The numbers look like electronic lights.

SolarWinds as a Constitutive Moment: A New Agenda for the International Law of Intelligence

The SolarWinds hack could trigger fundamental changes in legal thought and state practice. Asaf Lubin sets out what that agenda can and should look like.
A SolarWinds sign and logo sits on top of the SolarWinds office building in Brno in the Czech Republic.

Top Expert Backgrounder: Russia’s SolarWinds Operation and International Law

A legal analysis of whether the SolarWinds cyber hack violated international law, and the U.S. government's response options.
Sticker messages placed on a fence by Thai student demonstrators are seen during a Milk Tea Alliance pro-democracy protest outside the Chinese embassy in Bangkok on October 1, 2020. Some of the sticky-notes read, “Mulan Live is Not Mulan,” “Save Tzuyu!” “Respect Basic Human Rights,” and more.

As China Promotes Authoritarian Model, the Resilience of Its Democratic Targets is Key

Pro-democracy political leaders, activists, and media can build on their successes against such influence with help from the world’s leading democracies.
Trump and Putin’s silhouettes as they walk side-by-side.

“Strategic Silence” and State-Sponsored Hacking: The US Gov’t and SolarWinds

The absence to date of executive branch attribution and condemnation of the SolarWinds intrusions may be strategic silence—a tactic employed in the immediate aftermath of past…
The US Capitol Building is lit up at night.

Needed: A Whistleblower Protection Paradigm Shift

What should be done to provide truly meaningful and effective protections for government employees or contractors seeking to expose wrongdoing in the Intelligence Community?
Trump claps his hands at the Republican presidential nomination as son-in-law and senior advisor Jared Kushner and children Eric and Ivanka Trump look on the South Lawn of the White House August 27, 2020 in Washington, DC. None of them wear face masks.

We Can’t “Look Forward” on the Trump Administration’s Abuses

When President-elect Joe Biden takes office in January, he will confront a national economic crisis and a still out-of-control pandemic. He will also face questions about how to…
The White House, Washington, D.C.

Addressing Our Whole-of-Government Deficit in National Security

From Russ Travers who retired in July 2020 after a 42-year career in the Intelligence Community, having served in senior positions across multiple intelligence organizations --…
An engineer-virologist looks at 24 well plates adherent cells monolayer infected with a Sars-CoV-2 virus.

COVID-19 and International Law Series: Vaccine Theft, Disinformation, the Law Governing Cyber Operations

Ongoing cyberattacks on vaccine production and distribution systems, such as those discovered by IBM yesterday, may threaten efforts to fight COVID-19. But do they break international…
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