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.
1,807 Articles

A Fourth Amendment Framework for Voiceprint Database Searches
Voice recognition technology should be subject to a new Fourth Amendment framework, drawing on the Supreme Court’s recent technology-related decisions, that treats each query…

The FISA Court’s Section 702 Opinions, Part II: Improper Queries and Echoes of “Bulk Collection”
Part II discusses the the FBI’s improper queries of Section 702 communications—as well as the FISA Court’s unsatisfactory solution for bringing the FBI into compliance with…

The FISA Court’s 702 Opinions, Part I: A History of Non-Compliance Repeats Itself
This is now the fourth major FISA Court opinion on Section 702 in 10 years documenting substantial non-compliance with the rules meant to protect Americans’ privacy.

Whistleblowing in Washington: Lessons Learned and Unlearned
A compelling first-hand account illustrates the institutional headwinds facing whistleblowers. To create the space they need to help increase accountability in government will…

The UK-US CLOUD Act Agreement Is Finally Here, Containing New Safeguards
Editor’s note: This piece is cross-posted at Lawfare. On Oct. 7, the United Kingdom and the United States released the text of the long-awaited data-sharing agreement—the…

New Spy Museum’s Torture Exhibit Glosses Over Depravity
If any visitor to the new International Spy Museum in Washington D.C. leaves the exhibit without a clear understanding that the CIA torture program was immoral, illegal, and counterproductive…

Open Letter Explains How Responsible Whistleblowers Make America Safer
An open letter, now signed by over 100 former national security officials from Republican and Democratic administrations, explains that responsible whistleblowers help ensure wrongdoing…

Know Your Rights: Conversations with Congress
Federal employees have the right to communicate with Congress free from intimidation, bullying and unfair harassment.

For Scientific Integrity in Government, Fix Political Appointments Process
The Brennan Center's National Task Force on Rule of Law and Democracy recommends ways to rein in abuses by converting long-held norms into law.

Greg Craig: The Government’s Latest Swing at FARA Enforcement & What Comes Next
In an offshoot of the Paul Manafort case in Special Counsel Robert Mueller's investigation, former Obama White House counsel and veteran Washington lobbyist Greg Craig was acquitted…

The Yemen Project: Open Source Investigations and the Law of War
An unprecedented open source investigation aids the legal analysis of allegedly unlawful strikes by the Saudi-led coalition, but also has limits in reaching legal conclusions under…

Intel Whistleblower Complaint Q&A Part 2: Constitutional Boogaloo
Developments in the Intelligence Community whistleblower story raise new legal questions.