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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Circuits

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.
World map with golden threads indictaing global connectivity.

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 and Pompeo

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…
Rep. John Ratcliffe, (R-TX), prepares to give an opening statement before a Senate Intelligence Committee nomination hearing on Capitol Hill in Washington, Tuesday, May. 5, 2020.

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.
Three people in a CIA recruitment ad.

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.
Bush, Obama, Trump

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.
Former National Security adviser John Bolton speaks on stage during a public discussion at Duke University in Durham, North Carolina on February 17, 2020.

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. 
National Security Advisor John Bolton and Donald Trump

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.
An unarmed Minuteman III intercontinental ballistic missile launches during a developmental test, Feb. 5, 2020, at Vandenberg Air Force Base, Calif.

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.
Director of the Centers for Disease Control and Prevention Dr. Robert Redfield (C) speaks about the COVID-19 (coronavirus) alongside Vice President Mike Pence and members of the Coronavirus Task Force in the Brady Press Briefing Room at the White House in Washington, DC, March 9, 2020.

Redactions in CDC Communications Policies Leave Key Questions Unanswered

Newly released CDC documents — via FOIA — confirm Office of Vice President’s involvement in CDC COVID-19 communications, leave important details concealed, and raise First…
Nominee John L. Ratcliffe testifies during a Senate Intelligence Committee nomination hearing at the Dirksen Senate Office building on Capitol Hill on Capitol Hill on May 5, 2020 in Washington, DC.

The Intelligence Community, Transparency, and Today’s Threats To American Security

The world has arguably become a more dangerous place for America over the course of these last three years, and looking no further than our own streets reflects a need to reassess…
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