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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1,837 Articles
FBI Building in Miami, Florida.

ODNI’s 2019 Statistical Transparency Report: The FBI Violates FISA…Again

Buried in the ODNI's 2019 statistical transparency report—released on Thursday—is information about a major instance of non-compliance with the law that ODNI hasn’t previously…
Government Technology Agency (GovTech) staff demonstrate Singapore's new contact-tracing smarthphone app called TraceTogether, as a preventive measure against the COVID-19 coronavirus in Singapore on March 20, 2020.

As the U.S. Risks Reopening for Business, Technology Alone Won’t Stop the Coronavirus

Bluetooth contact-tracing apps could be a tool for returning to some version of normal, but only within limits and with robust safeguards,
Side by side photographs of Liza Goitein, Andrew McCabe, Mary McCord, and Julian Sanchez.

Top Experts Analyze Inspector General Report Finding Problems in FBI Surveillance

Expert takes on the Department of Justice Inspector General Michael Horowitz's recent report on FBI procedures for obtaining secret warrants under the Foreign Intelligence Surveillance…
Soldiers attached to the 101st Resolute Support Sustainment Brigade from the 1034th Combat Sustainment Support Battalion, Iowa National Guard and 10th Mountain, 2-14 Infantry Battalion, Ghost Forward Support Company load onto a Chinook helicopter to head out and execute missions across the Combined Joint Operations Area- Afghanistan

Why We Filed a FOIA Request on How Many US Troops Are in Afghanistan, Iraq, and Syria

Last night, Just Security filed FOIA requests with the Defense Department seeking U.S. troop numbers in Afghanistan, Iraq, and Syria.
A redacted document with blurry text where there aren’t redactions.

A District Court Endorses a Broken Prepublication Review System

Last week, a district court in Maryland dismissed a constitutional challenge to the system of prior restraints that prohibits millions of former intelligence agency employees from…
Michael Atkinson leaves the U.S. Capitol south door.

Congress Should Take Steps to Protect the Independence of Inspectors General

In the aftermath of President Donald Trump’s assault on the federal government’s internal watchdogs -- the Inspector General (IG) community -- Congress should empower IGs with…
Inspector General of the Intelligence Community Michael Atkinson arrives for a closed-door hearing before the House Intelligence Committee in Washington, DC, on October 4, 2019.

Seek and Speak the Truth

Promoting an environment that supports truth-telling is vital to the Intelligence Community.

WhatsApp v. NSO Group: State Immunity and Cyber Spying

WhatsApp claims NSO implanted spyware on phones of human rights activists, lawyers, and religious figures. NSO says it can't be sued if it did so on behalf of (undisclosed) foreign…
David Addington, Chief of Staff and former counsel to Vice President Dick Cheney, former Department of Justice official John Yoo and Chris Schroeder, former acting assistant Attorney General in charge of the Justice Department Office of Legal Counsel testify before the House Judiciary committee during a hearing on the administration's interrogation policy on June 26, 2008 in Washington, DC.

ICC Afghanistan Torture Investigation Likely to Turn on Criminal Intent

Good-faith reliance on advice of counsel is a well-established defense in U.S. criminal law, but it has not yet been tested at the ICC.
A temporary hospital is set up at the Jacob K. Javits Center on March 27, 2020 in New York. Cubicles with curtains are set up with a cot, a chair, a backpack, and a small garbage can each.

9/11 All Over Again

As in the days after 9/11, the current challenges stemming from COVID-19 seem unprecedented. But the parallels are striking.
Ryan Meyer, Nike Missile Site Coordinator for Everglades National Park, stands next to a door leading to a bunker attached to one of three facilities that were used to store and potentially launch both conventional and nuclear tipped Nike missiles in reaction to any Russian attack in the Everglades National Park on April 8, 2010 near Everglades City, Florida.

Extend New START — The World Can’t Afford a U.S.-Russia Nuclear Arms Race Too

The chances of successfully negotiating a new, complex deal including China were already slim before the coronavirus pandemic. Now, in the midst of what clearly will be an extended…
Democratic presidential hopeful former US vice president Joe Biden participates in the 11th Democratic Party 2020 presidential debate in a CNN Washington Bureau studio in Washington, DC on March 15, 2020.

Beware, Lobbyists: The Future of FARA Under a Biden Presidency

If Donald Trump loses the upcoming election in November, the Department of Justice’s Foreign Agents Registration Act (FARA) – the law that’s already tripped up numerous Trump…
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