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.
1,837 Articles
Duty to Warn: Has the Trump Administration Learned from the Khashoggi Failure?
This attitude shift alone, if it has indeed taken place, is commendable, but should not reduce scrutiny of what happened in the Declan Walsh case.
Correcting the Record: Wiretaps, the CLOUD Act, and the US-UK Agreement
Over at Stanford CIS blog, Albert Gidari takes aim at the wiretap-related provisions in the US-UK CLOUD Act Agreement – which Peter Swire and I wrote about separately here. He…
GOP “Storming” of Secure Facility for Impeachment Proceedings: An Explainer
How does a "SCIF" work, and can members of Congress be penalized for their en masse protest of testimony in the House impeachment investigation?
Abandoning Open Skies: Trump Would Be Squandering More of Our Security Inheritance
Rumors have been swirling about President Donald Trump deciding to withdraw the United States from the Open Skies Treaty. Congress, our allies and the public have been kept in…
How to Address Newly Revealed Abuses of Section 702 Surveillance
Last week's FISA Court opinions provide even more evidence that the current system fails to adequately protect Americans’ privacy.
Reassessing U.S. Cyber Operations Against Iran and the Use of Force
"There is good reason to conclude the United States may have crossed the use of force threshold with this cyber operation."
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…