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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Committee ranking member Sen. Mark Warner (D-VA) talks with committee chairman Sen. Richard Burr (R-NC) during a Senate Intelligence Committee hearing.

Congress Must Insert Oversight of Intel Community in COVID Emergency Legislation

Governments often curtail individual liberties when faced with national or global emergencies. Unsurprisingly, one result of the COVID-19 pandemic is that governments around the…
A sign reads, “Wanted by the FBI Chinese PLA Members, 54th Research Institute” and shows four members of China's military indicted on charges of hacking into Equifax Inc. and stealing data from Americans. The sign is seated next to a podium shortly after Attorney General William Barr held a press conference at the Department of Justice on February 10, 2020 in Washington, DC. The sign has additional text that is too small to read.

Disrupt, Don’t Indict: Why the United States Should Stop Indicting Foreign State Actor Hackers

The U.S. Department of Justice announced the indictment of Nicolás Maduro, who the United States ceased to recognize as Venezuela’s president in early 2019, for narco-terrorism…
US Ambassador to Germany Richard Grenell (C), the Presidents of Kosovo Hashim Thaci (L background) and Serbia Aleksandar Vucic (R background) watch the signing of an agreement between Kosovo and Serbia for railway and street projects.

US Burns Credibility in Grenell Quest for Foreign Policy Win, as Kosovo Government Falls

Amid COVID19 crisis, Special Envoy Richard Grenell's pressure on Kosovo precipitates collapse of popular and promising reformist government.
A Palestinian worker gets his temperature checked as he returns home via the Mitar checkpoint in the occupied West Bank city of Hebron, along with fellow workers, on March 25, 2020. The person checking his temperature uses a no-contact thermometer and wears gloves and a full body jumpsuit with hood.

Intelligence, Surveillance, and Ethics in a Pandemic

It is imperative that States and their citizens question how much freedom and privacy should be sacrificed to limit the impact of this pandemic.
People cross a street with cars. There are more street lights than seems needed for such a small street. There are numbers and waves of circles overlaid the image.

How to Think About the Right to Privacy and Using Location Data to Fight COVID-19

"Government officials need to listen to stakeholders and technologists who are not trying to promote private companies’ interests in infection control programs."
Sen. Steve Daines (R-MT), Sen. Rand Paul (R-KY), Sen. Ron Wyden (D-OR) and Sen. Patrick Leahy (D-VT) talk strategy before a news conference about their proposed reforms to the Foreign Intelligence Surveillance Act in the Russell Senate Office Building on Capitol Hill January 16, 2018 in Washington, DC. The senators are part of a bipartisan group that supports legislation they say would protect Americans from foreign threats while preserving their privacy.

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."
Trump speaks during a briefing on the coronavirus pandemic, in the press briefing room of the White House on March 24, 2020 in Washington, DC. Pence stands behind him. Neither wear face masks.

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.
Two Government Technology Agency (GovTech) staff members 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.

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…
AG Barr looks at Trump

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,…
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”),…
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