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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1,805 Articles
American flags fly over the Federal Bureau of Investigation (FBI) building on July 18, 2001 in Washington, D. C.

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.
Air Force Reserve Capt. Matthew Lee Stanley prepares to have a blood sample taken by Air Force Sgt. Tracey Harris on June 3, 2003 at Barksdale Air Force Base.

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…
American and British flag pair under a magnifier.

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…
A sign at the new International Spy Museum during a media preview ahead of its opening in Washington, DC, May 7, 2019 reads, “Are you prepared to enter the shadow world?”

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…
Redacted pages of the whistleblower complaint referring to US President Donald Trump's call with his Ukrainian counterpart Volodymyr Zelensky.

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…
US Capitol building at night.

Know Your Rights: Conversations with Congress

Federal employees have the right to communicate with Congress free from intimidation, bullying and unfair harassment.
Demonstrators hold up signs as Environmental Protection Agency (EPA) chief Scott Pruitt testifies before the House Energy and Commerce Committee regarding his corruption. April 26, 2018 - Capitol Hill in Washington, DC. A sign reads, “Mr. Corruption.”

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.
Gregory Craig, former White House counsel to U.S. President Barack Obama, arrives at federal court September 3, 2019 in Washington, DC.

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…
A Saudi female journalist films damage at a market for vehicles on August 27, 2016 in the Saudi border city of Najran, a week after it was struck by a rocket fired from Yemen.

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…
Committee Chairman Rep. Adam Schiff (D-CA) speaks to members of the media after Intelligence Community Inspector General Michael Atkinson met behind closed doors with the House Intelligence Committee at the U.S. Capitol September 19, 2019 in Washington, DC.

Intel Whistleblower Complaint Q&A Part 2: Constitutional Boogaloo

Developments in the Intelligence Community whistleblower story raise new legal questions.
Retired Vice Adm. Joseph Maguire is sworn in during a Senate Intelligence Committee hearing to be confirmed as the director of the National Counterterrorism Center, on Capitol Hill, on July 25, 2018 in Washington, DC.

Handling of Whistleblower Complaint Makes It Impossible for IG To Do His Job

It’s nearly impossible for whistleblowers to trust an inspector general when their agency-head acts as acting Director of National Intelligence Joseph Maguire has, publicly rebuking…
House Intelligence Committee Chairman Adam Schiff (D-CA) makes closing remarks after questioning former Special Counsel Robert Mueller about his report on Russian interference in the 2016 presidential election in the Rayburn House Office Building July 24, 2019 in Washington, DC.

Q&A on Whistleblower Complaint Being Withheld from Congressional Intelligence Committees

On September 13, House Intelligence Committee Chair Adam Schiff publicly announced that he had issued a subpoena to Acting Director of National Intelligence (DNI) Joseph Maguire…
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