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.
1,846 Articles
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…
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…
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.
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?
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…
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.
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.
As China Promotes Authoritarian Model, the Resilience of Its Democratic Targets is Key
Pro-democracy political leaders, activists, and media can build on their successes against such influence with help from the world’s leading democracies.
“Strategic Silence” and State-Sponsored Hacking: The US Gov’t and SolarWinds
The absence to date of executive branch attribution and condemnation of the SolarWinds intrusions may be strategic silence—a tactic employed in the immediate aftermath of past…
Needed: A Whistleblower Protection Paradigm Shift
What should be done to provide truly meaningful and effective protections for government employees or contractors seeking to expose wrongdoing in the Intelligence Community?