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
Copies of the New York Times sit for sale in a rack July 23, 2008 in New York City.

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.
Classified stamp

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.
The headquarters of the Federal Bureau of Investigations (FBI) on a foggy morning on December 9, 2019 in Washington, DC.

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”),…
Binary code in blue on a blue and black background

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.
A collage of a racially diverse group of people's faces. One face has a grid laid over it to symbolize facial recognition technology.

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…
A laptop screen shows the Facebook page for Facebook.

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.
A 3-D rendering of the country Georgia

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."

A Model for Countering Foreign Disinformation and Interference in Elections

There’s a model the U.S. government applied in the counterterrorism context that provides a potential template for addressing the election interference threat over the long run.
A phone with the icon for Telegram, a messaging app.

Telegram’s Cryptocurrency Could Have a Terrorism Problem

A look at how the release of Telegram's cryptocurrency could offer terrorists and other bad actors new options to circumvent financial regulators and potentially undo years of…

The Gravity of Michael Ellis’ Promotion to Senior Director for Intelligence at the White House

The person just put in charge of intelligence at the NSC was credibly accused of abusing the classification system in the Ukraine matter, and was even personally named in the articles…
This picture taken on February 13, 2020 shows a view of a watchtower and a section of Israel's wall on the outskirts of Israeli-annexed East Jerusalem in the foreground, the Qalandia camp for Palestinian refugees in the occupied West Bank behind, and Israeli construction cranes at work on new housing units in the Jewish settlement of Kochav Ya'akov near the West Bank city of Ramallah in the background.

The Middle East Peace “Vision” From an Old CIA Hand

The most problematic, near-term effect of the Trump administration’s “vision” may be its diminishment of critical behind-the-scenes cooperation between the U.S., Israeli,…
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