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
A U.S. Air Force MQ-1B Predator unmanned aerial vehicle (UAV), awaits a mission at an air base in the Persian Gulf region on January 7, 2016.

To End the Forever Wars, Rein in the Drones

In drawing down the U.S. conventional military footprint, policymakers should resist relying reflexively on drone strikes in its place. Biden has a unique opportunity to chart…
Julian Assange gestures to the media from a police vehicle on his arrival at Westminster Magistrates court on April 11, 2019 in London, England.

The Biden Administration Should Drop the Assange Case

A coalition of press freedom, civil liberties, and human rights groups has formally asked the Justice Department to abandon its appeal and dismiss the underlying indictment of…
A lock highlighted in blue embedded on a computer chip has numbers written all over it.

A Key Step in Preventing a Future SolarWinds

Federal action is needed to establish a cloud security certification that can applies across the ecosystem of information and communications technology.
Trump whispers to a White House staffer as he makes his way to board Marine One from the South Lawn of the White House in Washington, DC on September 26, 2020.

Is Jeffrey Clark’s Secret Conversation With Trump “Privileged”?

A few days after President Joe Biden’s inauguration, news reports broke that then-President Donald Trump had met with Jeffrey Clark, the acting chief of the Department of Justice’s…
A hand touches a laptop that shows Facebook. Only the screen is lit up; the rest of the photo is dark.

Guardrails Needed for FBI Access to Social Media Monitoring

While social media analysis will be critical to investigations aimed at preventing acts of domestic terrorism, dragnet social media monitoring brings significant risks, and even…
Russian nuclear missile rolls along Red Square during the military parade marking the 75th anniversary of Nazi defeat, on June 24, 2020 in Moscow, Russia. The requirement to wear masks and gloves to combat a spread of the Coronavirus (COVID-19) is still in effect in Moscow, but none of the military members lined up wear face masks.

The Demise of Arms Control Extends Far Beyond Nuclear Weapons

Bilateral and multilateral mechanisms are disintegrating amid tech advances, and “grey zones” below military conflict thresholds are ripe for exploitation.

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.
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