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.
1,805 Articles
A Chance to Fix FISA
"When Congress does finally take up the issue again, this most recent compromise bill will be the baseline for further improvements—and improvements are sorely needed."
Keeping an Eye on the Civil Liberties Impact of Trump’s Coronavirus Response
Now is the time to be vigilant for attempts to leverage the crisis to obtain or retain powers that unnecessarily infringe on rights and liberties.
COVID-19 Surveillance Must Not Be Used as an Excuse to Entrench Surveillance
While the pandemic requires strong responses, we need to ensure that States do not normalize oppressive surveillance and undermine human rights more widely, including the right…
Barr Is Dismantling Charges Filed by Mueller
Another curious filing by the Department of Justice should not be lost amid news about COVID-19. In yet another reversal in a case initiated by Special Counsel Robert Mueller,…
The Espionage Act Reform Bill Addresses Key Press Concerns
On March 5, Senator Ron Wyden (D-Ore.) and Representative Ro Khanna (D-Calif.) introduced sorely needed legislation to reform the Espionage Act.
The Legally Troubling Treatment of COVID-19 Meetings as Classified
I represented the government until late 2018, and I've got serious concerns, writes former Deputy Director of Appellate Staff of Department of Justice's Civil Division.
A Response to “End the FISA”: Why It’s a Good Law and Sound Policy
Since the public release of a redacted version of a Report on Four FISA Applications and Other Aspects of the FBI’s Crossfire Hurricane Investigation (the “Horowitz Report”),…
The Defense Department’s Measured Take on International Law in Cyberspace
A close reading of the Defense Department's statement on cyber by top expert, comparing it to positions of Australia, France, Netherlands, United Kingdom and others.
Law Enforcement’s Facial Recognition Law-lessness: Comparing European and US Approaches
"There’s a grave threat to individual liberty, privacy, and racial justice. A balance needs to be struck. But it will not be struck by continuing to act lawlessly, which is to…
An Ambitious Reading of Facebook’s Content Regulation White Paper
How might we move toward accountability in the face of irreconcilable clashes between Rights-era and Public Health-era values, particularly given the serious practical and civil…
Why the 2020 Election Will Be A Mess Part II: Beyond Russian Disinformation
As anger in the U.S. grows, the threat of political violence also builds, providing the Russian government another opportunity to divide the country.
Russian Cyber Attacks Against Georgia, Public Attributions and Sovereignty in Cyberspace
"The attack on Georgia shows the opportunity costs of states not firmly grounding their reactions in the language of international law."