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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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…
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…
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