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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1,846 Articles
People wait in line at Gatwick Airport on May 28, 2014 in London, England where Border Force check the passports of passengers.

New U.K. Border Security Law: A Frightening Response to the Skripal Poisoning

The British Home Office has quietly gone about making it easier to detain and interrogate travelers at its borders without "reasonable suspicion," and with little public notice.
Visitors look at the Samsung Home appliance smart Fridge at the 2018 IFA consumer electronics and home appliances trade fair during the fair's press day on August 30, 2018 in Berlin, Germany.

A Legislative Shot at Internet of Things Security

The IoT Cybersecurity Improvement Act of 2019 could shape cybersecurity standards for vulnerable IoT products.

Why it’s a mistake to be a-waitin’ “the” Mueller Report (and why you should instead focus on two other reports)

OLC’s governing view of the constitutionality of a grand jury indictment of a sitting president therefore doesn't stand in the way of DOJ providing a comprehensive account to…
Michael Cohen, former attorney and fixer for President Donald Trump makes a statement to the news media after testifying before the House Oversight and Government Reform Committee in the Rayburn House Office Building on Capitol Hill February 27, 2019 in Washington, DC.

‘Fixer’ Unbound: Public Confidence in Attorneys, Not Just the President, at Stake

Lawyers may be judged by the company they keep, but not by the clients they represent. Attorneys routinely advocate positions they disfavor on behalf of clients whose views and…
An MQ-1 Predator unmanned aerial vehicle and F-16 Fighting Falcon return from an Operation Iraqi Freedom combat mission.

Reflecting on the Civilian Casualty Executive Order: What Was Lost and What Can Now Be Gained

What information did the public just lose with Trump's decision, and what can Congress do beyond just restoring it? Civilian casualties in wartime reporting and minimization.
The logos of the U.S. Department of Homeland Security are seen on computer terminals in a training room of the Cyber Crimes Center of the U.S. Immigration and Customs Enforcement October 13, 2009 in Fairfax, Virginia.

Homeland Security’s Intelligence Overreach: Two Cases Illustrate Risks to Civil Society

The Department of Homeland Security is deploying its intelligence apparatus against activists, journalists, and human rights lawyers, with no guard rails against abuse in place.…
Committee Chairman Sen. Richard Burr (R-NC), Committee Vice Chairman Sen. Mark Warner (D-VA), and Sen. Dianne Feinstein (D-CA) listen during a hearing before Senate (Select) Intelligence Committee March 7, 2018 on Capitol Hill in Washington, DC.

President Trump’s Cronyism and Excesses Should Prompt Security Clearance Reform

The Trump years threaten to become a boiling point for numerous simmering constitutional conflicts, but one of the most innocuous-looking might end up being one of the most important.…
Senior Advisor Jared Kushner and Secretary of Homeland Security John Kelly listen while US President Donald Trump puts his papers away at the beginning of a meeting on cyber security in the Roosevelt Room of the White House January 31, 2017 in Washington, DC.

The White House Counsel’s Flawed Response to Congress on Security Clearances

Intensifying congressional oversight activity prompted President Donald Trump to accuse Democrats of “presidential harassment.” He complained — falsely — that President…
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“

The Seven Step Program for Fighting Disinformation

A full-spectrum strategy is needed to proactively prepare for the next wave of social-media and internet-based psychological disinformation operations.
Russian journalists watch a TV showing U.S. President Donald Trump shaking hands with Russian President Vladimir Putin at the press center of Presidential Palace on July 16, 2018 in Helsinki, Finland.

Stop Using the Word “Collusion”—How to Frame the Critical Question at the Heart of Trump-Russia

Much of the discussion surrounding the Trump campaign’s contacts with Russia in the months leading up to the 2016 election has been mystifying for the American public. As the…
Shiromani Akali Dal party supporters protest against the Punjab government and police for allegedly fraudulent votes being cast in local elections, outside a polling station in Naushera village on the outskirts of Amritsar on December 30, 2018.

India’s Digital Path: Leaning Democratic or Authoritarian?

As the two largest democracies in the world, India and the United States should be working together to combat this abuse of technology. But India has taken some troubling steps…
FBI Director Christopher Wray; CIA Director Gina Haspel; Director of National Intelligence Dan Coats; Gen. Robert Ashley, director of the Defense Intelligence Agency; Gen. Paul Nakasone, director of the National Security Agency; and Robert Cardillo, director of the National Geospatial-Intelligence Agency testify at a Senate Intelligence Committee hearing on "Worldwide Threats" January 29, 2019 in Washington, DC.

Trump’s Moves Against the Intelligence Community Are Hurting U.S. National Security

Trump’s hostility toward the intelligence community seriously damages our national security by undermining his ability to rely on IC assessments for grave decisions in the future,…
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