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
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.
US soldiers in Bradley tanks carrying American flags patrol an area near Syria's northeastern Semalka border crossing with Iraq's Kurdish autonomous territory, on January 12, 2021.

Just Security Obtains Overseas Troop Counts That the Pentagon Concealed from the Public

Through FOIA litigation, Just Security obtained records that provide a fuller picture of U.S. troop commitments in Afghanistan, Iraq, and Syria over the last three years.
A AFP journalist views a video on January 25, 2019, manipulated with artificial intelligence to potentially deceive viewers, or "deepfake" at his newsdesk in Washington, DC.

Protecting the Information Space in Times of Armed Conflict

What, if any, limits exist concerning digital information operations in armed conflict? Does the humanitarian legal framework adequately capture the protection needs that arise…

KBR v. SFO: the United Kingdom’s Microsoft Ireland?

U.K. law enforcement agencies lack power to compel foreign companies to hand over overseas data. What does the decision mean for data sharing?
Voters cast their ballots at a Masonic Lodge on June 5, 2018 in Los Angeles, California. The voting booths are simple tables with privacy barriers and are connected by wires with lights for each one.

Outlaw Participation in Foreign Attacks on U.S. Elections

Attacks on U.S. elections will become a dangerous new normal if Congress does not make it a crime.
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.
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