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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1,846 Articles
The Courtroom of the European Court of Human Rights in Strasbourg with empty chairs. A banner at the front reads, “European Court of Human Rights” and the carpet in front of the bench shows the circle of stars against blue such as is on the European Union flag.

The Méndez Principles: A Focus on the Exclusionary Rule

To eliminate interrogation abuses, consistently bar all information gained via torture or cruel, inhumane and degrading treatment.
A person types on a laptop. Translucent icons litter the image to represent cybersecurity.

Protect Communications Privacy for All of Us—Not Just Lawmakers and Reporters

It’s Time for Congress to Finish What It Started After the Snowden Revelations.
A dark room with a table, chairs, and a camera on a tripod. A briefcase and photographs are spread out on the table.

The Méndez Principles: Sharpening the View on Interrogation and Utilitarianism

Philosopher-jurist Jeremy Bentham's “ticking bomb scenario,” often cited to justify torture, has spawned wild misconceptions.
The dome of the US Capitol Building against a blue sky.

The Internet of Things Moment: My Testimony Before the Senate Judiciary Subcommittee

I was asked to testify at a Senate hearing about home technologies and antitrust. The growth of the consumer-facing “Internet of Things” continues, and it has complicated,…
Marines grab a blindfolded Japanese prisoner of war while disembarking from a submarine returned from war patrol.

The Méndez Principles: Building Rapport and Trust in Interrogations to Elicit Reliable Information

The demonstrated effectiveness of evidence-based methods strengthens the argument against torture and ill-treatment.
Lt. Gen. John Kimmons, U.S. Army, holds up a copy of the Army Field Manual, FM 2-22.3, Human Intelligence Collector Operations as he briefs reporters on the details of the manual in the Pentagon on Sept. 6, 2006.

The Méndez Principles: The Need to Update the Army Field Manual on Interrogation for the 21st Century

Defense Secretary Austin should convene an expert panel to ensure that methods used are informed by current science.
Superintendent Paul Basham, Dr Richard Stephenson, and Jane Andrews speak to the media at the Dunedin Central Police Station on May 11, 2021 in Dunedin, New Zealand.

The Méndez Principles: Emergence and Global Expansion of Non-Coercive Interviewing

Three national jurisdictions that have introduced legal and effective techniques demonstrate that change is possible and is already underway.
A guard tower is seen outside the fencing of Camp 5 at the US Military's Prison in Guantanamo Bay, Cuba on January 26, 2017.

The Méndez Principles: Science Shows Interrogation is Too Serious for Amateurs

Probing memory requires delicacy and care, because the method can change what the subject recalls -- and they wouldn't even be aware of it.
An image of the globe with a light grid laid on top of it connecting people and countries.

Oxford Statement on International Law Protections in Cyberspace: The Regulation of Information Operations and Activities

The Internet has allowed the dissemination of content across the globe in a matter of seconds. Recommendation algorithms, found in social media platforms and search engines, have…
UN Special Rapporteur for Torture Juan Mendez speaks during a press conference in Colombo on May 7, 2016.

The Méndez Principles: A New Standard for Effective Interviewing by Police and Others, While Respecting Human Rights

Former UN Rapporteur on Torture says interrogations that reject coercive and abusive methods and build rapport are necessary and achievable.
View of the former clandestine detention and torture centre -the Argentine Army Mechanics School (ESMA) Officers Casino- now turned into the Memory and Human Rights Place, during the 45 th anniversary of the military coup, in Buenos Aires on March 24, 2021.

The Méndez Principles: Leadership to Transform Interrogation via Science, Law, and Ethics

New guidance points the way to scientifically sound, lawful, human rights-compliant, and effective practices.
CIA Director John Brennan and Director of National Intelligence James Clapper, arrive to testify during a US House Committee on Intelligence hearing on Capitol Hill in Washington, DC, September 10, 2015.

A New Consensus Around Transparency and National Security Surveillance

Civil libertarian arguments that were dismissed a decade ago are now broadly accepted, even at the highest levels of the intelligence community.
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