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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1,837 Articles
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.
A Colonial Pipeline storage site in Charlotte, North Carolina on May 12, 2021.

The New Cyber Executive Order is a Good Start, But Needs a Supercharge from Congress

Implementation can strengthen the data contractors have to provide. And Congress should pass legislation to apply these measures across the economy.
Giuliani and Parnas walk together as they arrive for the funeral of late US President George H.W. Bush at the National Cathedral in Washington, DC on December 5, 2018.

Giuliani’s FARA Problem

Rudy Giuliani's communications – in the form of emails, WhatsApp messages, and phone logs between Giuliani and his associates – show that, in seeking Yovanovitch’s removal,…
US psychologist James Mitchell speaks with an interviewer at the American Enterprise Institute in Washington, DC on December 6, 2016.

Stopping Torture: Why Professional Governance Failed, and How It Can Do Better

Professionals -- psychologists, physicians, lawyers -- played key parts in enabling post-9/11 torture programs. Yet professionalism can also constrain state power. Gregg Bloche…
FBI Building in Miami, Florida.

Hack-to-Patch by Law Enforcement Is a Dangerous Practice

Recent so-called hack-to-patch activity by law enforcement sets a dangerous precedent for the global business community. Serious security, technical, and policy drawbacks emerge…
The sign at the FBI headquarters building reads, “J. Edgar Hoover FBI Building.”

Key Takeaways From Latest FISA Court Opinion on Section 702 and FBI Warrantless Queries

A recently declassified FISA Court opinion shows how serious the threat is that Section 702 could be exploited as a loophole for warrantless surveillance in domestic policing.
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…
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