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.
1,852 Articles
Leaving the DNI Leaderless is Reckless and Dangerous
Despite the critically important role of the director of national intelligence, this week marks the third straight month that the top two positions in the Office of the DNI have…
CIA-Backed Afghan Paramilitaries Behind Unlawful Killing Surge
In incidents across Afghanistan, these strike forces have unlawfully killed civilians, forcibly disappeared detainees, and attacked healthcare facilities for allegedly treating…
A Program on Intelligence Operations in Liberal Democracies: Ethics, Efficacy, and Accountability
Just Security readers in the D.C. area might be interested in a terrific program we’re convening here at the Georgetown University Law Center this Thursday afternoon at 5:30,…
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.