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
A collection of FBI rubber stamps reading, “Secret,” “Top secret material attached,” “Confidential material attached,” “Training,” and more.

Constitution Day 2019: The Hidden Domestic Surveillance Crisis

As we mark the 232nd anniversary of the signing of America’s governing charter, we have ample evidence that it continues to be violated by the federal officials charged with…
A map of France with binary computer code.

France’s Major Statement on International Law and Cyber: An Assessment

Leading expert on international law and cyberspace assesses major new position staked out by French government.
FBI agents check vehicles outside the Cielo Vista Mall Wal-Mart where a shooter killed 23 people in El Paso, Texas, on August 4, 2019.

Leaked Documents Contain Major Revelations About the FBI’s Terrorism Classifications

New revelations about the FBI’s classification system for domestic terrorism investigations raise questions about its treatment of the white supremacist threat.
Former Federal Bureau of Investigation Director James Comey speaks to members of the media at the Rayburn House Office Building after testifying to the House Judiciary and Oversight and Government Reform committees on Capitol Hill December 07, 2018 in Washington, DC.

Nuts and Bolts of the IG Report on Comey: Correcting Misconceptions

On the morning of Aug. 29, I finished up my lecture notes for my first day teaching a class called “Law of Secrecy.” I would touch on classification, leaking, prepublication…
A collage of images that show Trump, Trump appointees, and Putin.

The Pattern and Practice of Trump’s Assaults on the Intelligence Community

Just Security editors—Joshua Geltzer (former DOJ, NSC) and Ryan Goodman (former DOD)—teamed up to: (1) catalog the specific ways in which President Trump has undercut the U.S.…
Subcommittee ranking member Sen. Sheldon Whitehouse (D-RI) speaks as Sen. Dick Durbin (D-IL) looks on during a Senate Judiciary Subcommittee on Crime and Terrorism hearing titled 'Extremist Content and Russian Disinformation Online' on Capitol Hill, October 31, 2017 in Washington, DC. A sign behind them reads, “The Russian Toolbox in the 2016 Election – Propaganda, Fake News, Trolls, and Bots: Yes – Hacking and Theft of Political Information: Yes – Timed Leaks of Damaging Material: Yes“

War is as War Does: World Order and the Future of Conflict

The release of the first part of the Senate Select Intelligence Committee’s bipartisan investigation into Russia’s 2016 election interference and Robert Mueller’s recent…
A protester wearing a model head of Facebook CEO Mark Zuckerberg poses for media outside Portcullis House on November 27, 2018 in London, England. They hold a sign reading, “Where’s Mark??”

How Data Privacy Laws Can Fight Fake News

Governments from Russia to Iran have exploited social media’s connectivity, openness, and polarization to influence elections, sow discord, and drown out dissent. While responses…
Director of National Intelligence Dan Coats attends a cabinet meeting at the White House July 16, 2019 in Washington, DC.

Trump’s DNI Pick Would Brief Dem Nominee Ahead of 2020

The question of who Trump names acting DNI is as important as who he ultimately nominates for the job—because whoever steps in may turn out to oversee the Intelligence Community…
An electronic version of the Mueller Report with redactions regarding the Internet Research Agency is seen on a cellphone outside the White House April 18, 2019, in Washington, DC.

How Secrecy Undermines Mueller and the Defense of Democracy

Official secrecy can diminish democratic discourse, limit debate, and blind the Congress and the public to the nature of the most imminent threats to democracy, all in the name…
Former Special Counsel Robert Mueller arrives to testify before the House Judiciary Committee hearing on his report on Russian election interference, on Capitol Hill, July 24, 2019 in Washington.

Mueller Moments You Might Have Missed

You might not have caught all of these more substantive, significant, and revealing moments on Wednesday, but they were there, tucked away in between the many times Special Counsel…
Facebook is displayed on a laptop screen.

EU Court of Justice Grapples with U.S. Surveillance in Schrems II

Earlier this month, the Court of Justice of the European Union heard argument in Schrems II, a case that could limit companies’ ability to transfer data into the United States…
People stand on the seal of the Central Intelligence Agency at the lobby of the Original Headquarters Building at the CIA headquarters.

Expanding the Covert Agent Secrecy Law Threatens to Chill Reporting

Covert intelligence operatives on overseas postings face unique dangers: arrest, torture and possible execution. These dangers were embodied in the name of James Bond’s nemesis,…
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