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.
1,807 Articles

Three Takeaways from Russia’s Latest Criminal Charges Against Bill Browder
On Monday, Russian prosecutors announced new charges against U.S.-born British financier Bill Browder. For years, the Kremlin has targeted Browder using Interpol’s “red notice”…

Digital Journalism and the New Public Square – Or’ Emet Lecture
I was delighted to be asked by the Nathanson Center and Or’ Emet Fund at York University’s Osgoode Hall Law School to deliver the 2018 Or’ Emet Lecture. In the lecture I…

Whistleblowers: The New “Insider Threat”
Thanks to information recently released by the Senate Judiciary Committee, we now have fresh, incontrovertible evidence that elements of the Intelligence Community (IC) have monitored…

Russia Investigation Leads Back in Play under Democrats
Following the Democratic takeover of the House in January, Rep. Adam Schiff (D-Calif.) is expected to chair the House intelligence committee. His leadership will come after a spectacle…

Reply to Bauer and Goodman: No, the Government Doesn’t Decide What ‘Legitimate Press Functions’ Are First Amendment Worthy
Former Obama administration lawyers Bob Bauer and Ryan Goodman make a dangerous argument: that coordination with a political campaign is outside the “legitimate press function” and…

Psy-Ops, Meet Cyber-Ops: U.S. Takes on Russian Trolls
A Russian troll sits down at his desktop and logs into one of the social media accounts he uses to impersonate and radicalize Americans. Suddenly, a direct message appears: “Hello,…

The Privacy and Civil Liberties Oversight Board’s Disappointing Report on PPD-28 Implementation
Edward Snowden’s revelations that the NSA engaged in massive spying operations overseas prompted outrage and political blowback from our closest allies. In an attempt to manage…

U.S. Libel Case Over Russian Poisoning Takes Aim at Kremlin Propaganda
A lawsuit in U.S. District Court in Manhattan alleges defamation by two Kremlin-controlled television stations widely available in the United States concerning the infamous poisoning…

Conscientious Objectors and Whistleblowers: Sentencing Should Recognize First Amendment Interests
Whistleblower Terry James Albury, a former FBI agent in Minneapolis, will be sentenced for violations of the Espionage Act on Thursday, October 17, at 11:00 am Central Time. The…

On Big Brother Watch v. U.K.: The Future of Surveillance at Two Europe-Wide Courts
A recent opinion by the European Court of Human Rights was more limited than recent decisions concerning surveillance. The European Court of Justice should seize the opportunity…

Did the U.S. Fail Its “Duty to Warn” Jamal Khashoggi? How U.S. Directive 191 Applies to Kidnapping Threats
A US executive branch order would have required US intelligence agencies to warn Khashoggi of the threat to kidnap or kill him.

Taking Stock of the FBI’s Role in Senate Confirmations after Kavanaugh
I previously wrote that at least some of Judge Kavanaugh’s confirmation challenges are symptomatic of the White House’s general disdain of the vetting process. That may seem…