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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1,805 Articles
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The Dangerous Foreign Intelligence Exception Loophole in the Hasbajrami Decision

The Hasbajrami decision’s expansive view of the FISA foreign intelligence exception threatens to swallow the rule that the Fourth Amendment's warrant requirement applies to U.S.…
(L) US vice president JD Vance speaks during the 61st Munich Security Conference on February 14, 2025 in Munich, Germany (R) President of the European Commission Ursula von der Leyen speaks during a plenary session at the Artificial Intelligence

Truth and Consequences: The Post-Election Regulatory Landscape for Big Tech

After recent elections, deregulatory winds are blowing on both sides of the Atlantic when it comes to platform governance and Big Tech.
Social media restrictions and suppression of speech as censorship to censor opinions and thought in a 3D illustration style.

Regulated Democracy and Regulated Speech

Lawmakers are right to worry about platforms’ power over public discourse and democracy. But legislative responses too often seek to empower the government to set new rules for…
IMAGE: (L) Abstract chat icons over a digital surface (via Getty Images); (M) Visualization of an online network (via Getty Images); (R) Popular social media apps on an Apple iPhone (via Getty Images).

Regulating Social Media Platforms: Government, Speech, and the Law

Launching a new series with leading experts on regulating the information environment, co-organized by NYU Stern Center for Business and Human Rights and Tech Policy Press.
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Why Guidance is Needed on Open-Source Investigations into Sexual Violence

Guidance on how to conduct digital investigations into sexual violence remains underdeveloped, leaving a dangerous gap.
National flags of USA and Russia waving in the wind on a clear day.

Intelligence Sharing Is a True Measure of U.S. Strategic Realignment with Russia

Shifts in intelligence sharing practice with Russia would reliably signal that the United States is instituting a deep strategic realignment.
Central Intelligence Agency Director John Ratcliffe (R), accompanied by FBI Director Kash Patel (L), and Director of National Intelligence Tulsi Gabbard (C)

Signal Gate: The Criminal Law Precedents That Are Most Relevant

A range of federal laws, including the Espionage Act and laws against the destruction of government records, could apply in this case.
Senate Minority Leader Charles Schumer (D-NY) (C) and fellow Senate Democrats hold photographs of constituents they say are negatively impacted by President Donald Trump's actions during his first month in office outside U.S. Capitol on March 04, 2025 in Washington, DC.

Congress Spotlight: The Minority’s Toolbox and a Possible Way Forward

The minority’s powers in Congress are limited—they cannot call hearings or issue subpoenas. But they do have a wide menu of options.
A police officer shows a gun

What A Corrupt Police Network in the Dominican Republic Reveals About Arms Trafficking

How do arms trafficking and state corruption networks in Latin America operate, and how they can be disrupted?
Activists hold a rally and march through downtown

U.S. AI-Driven “Catch and Revoke” Initiative Threatens First Amendment Rights

The State Department's AI-enabled "Catch and Revoke" initiative will dissuade individuals from exercising First Amendment-protected activities.
US representative Zalmay Khalilzad (left) and Taliban representative Abdul Ghani Baradar (right) sign the agreement in Doha, Qatar on February 29, 2020. [State Department photo by Ron Przysucha/ Public Domain]

Legal Implications of the Doha Agreement: Prospects Under a Second Trump Presidency

The fifth anniversary of the Doha Agreement highlights its profound impact on Afghanistan's trajectory.
Low angle view of a dome, Capitol Building, Washington DC, USA - stock photo

Congress Must Stop the Weaponization of Personal Security Clearances

Protecting our nation from actual and potential adversaries is not a partisan issue.
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