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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Senate Judiciary Committee member Sen. Orrin Hatch (R-UT), Chairman Charles Grassley (R-IA) and ranking member Sen. Dianne Feinstein (D-CA) participate in an executive business meeting to debate and vote on Supreme Court nominee Judge Neil Gorsuch's nomination out of committee and on to a vote by the full Senate in the Hart Senate Office Building on Capitol Hill April 3, 2017 in Washington, DC.

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…
Rep. Adam Schiff (D-CA), Ranking Member on the House Intelligence Committee, speaks with reporters on Capitol Hill on February 15, 2018 in Washington, DC.

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…
Political activist Katharina Nocun, speaking under a banner that reads: "No to a German NSA" and showing a picture of U.S. whistleblower Edward Snowden, leads a protest against pending legislation expanding the legal surveillance capabilities of Germany's Federal Intelligence Service (Bundesnachrichtendienst, or BND) outside the Reichstag on September 26, 2016 in Berlin, Germany. Protesters behind her hold additional signs.

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…

Here Are the 30 People the FBI Needs to Interview in its Kavanaugh Investigation

There are 30 witnesses who are known and who must, at a minimum, be included in any serious FBI inquiry of the sexual assault allegations against Judge Brett Kavanaugh.

Letter to the Editor: Belief, Proof and a Plea for Mutual Understanding

If the past several years have shown us anything, it’s that the only viable path back to civil discourse and functional politics involves at least entertaining the possibility…
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