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.
1,807 Articles

What Durham Is Investigating and Why It Poses a Danger to US Intelligence Analysis
A deep dive into Bill Barr and U.S. Attorney John Durham’s investigation and the potential costs entailed.

Cyberattack Attribution and International Law
Earlier this week, the U.S. Department of Justice unsealed an indictment accusing two men linked to China’s Ministry of State Security of a decade-long campaign of hacking dissidents,…

What Comes Next: The Aftermath of European Court’s Blow to Transatlantic Data Transfers
On Thursday, the European Court of Justice (CJEU) dealt a blow to the free flow of data across borders in the name of protecting privacy -- with global implications.

Trail Smelter Arbitration Offers Little Guidance for COVID-19 Suits against China
On June 23, the Senate Committee on the Judiciary held an extraordinary hearing on whether to amend the Foreign Sovereign Immunities Act (FSIA) in order to permit domestic lawsuits…

Trump Pushed CIA to Give Intelligence to Kremlin, While Taking No Action Against Russia Arming Taliban
"Trump directed the CIA to share intelligence information on counterterrorism with the Kremlin despite no discernable reward," while at the same time not backing up the Pentagon…

Unpacking the National Intelligence Council’s Memo on Russian Bounty Operation
President Trump's former Director of the National Counterterrorism Center and our editor-in-chief write about the apparent skewing of intelligence to suit the White House narrative.

The CIA’s Long and Winding Road to Diversity
The agency's new ad campaign features actors for a reason: it bears little resemblance to the makeup of the workforce, much less leadership.

Trump’s Rationale for Attacking the ICC—Continuity with Bush and Obama’s War on Terrorism
An article by the first Chief Prosecutor of the International Criminal Court.

Notes on John Bolton’s Brief Opposing the Government’s Motion to Enjoin Publication of His Book
Late last night, John Bolton filed his brief in opposition to the government’s motion for a temporary restraining order or preliminary injunction.

Questions for the Government in the Bolton Book TRO Hearing(s)
Goldsmith and Lederman deliver up a series of questions that will expose the strengths and weaknesses of the government's claims.

Assessing the Government’s Lawsuit Against John Bolton [UPDATED after Wednesday’s filing of a TRO motion]
An explainer about some common misconceptions, and how the litigation will likely play out.

The Potential U.S. Security Threats in Letting New START Lapse
Almost every problem that critics say this nuclear-weapons pact doesn't solve would be aggravated if the treaty expires.