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.
1,837 Articles
Trump’s Ability to Classify Mueller Report Is Greater Threat Than Executive Privilege
The prospect of the President invoking Executive Privilege to keep the Special Counsel's report secret has received plenty of attention. Less well-known is this: there are no restrictions…
Trump Declassifying Page, Ohr Records Will Have Broader Effects
President Donald Trump plans to declassify documents as early as this week about the FBI’s surveillance of campaign advisor Carter Page pursuant to the Foreign Intelligence Surveillance…
Rebecca Ingber’s Testimony Before the Senate Judiciary Committee
Today, Rebecca Ingber, associate professor of law at Boston University School of Law, appeared before the Senate Judiciary Committee to discuss the nomination of Brett Kavanaugh…
Does Pervasive Secrecy Impede Intelligence Collection?: How Intelligence Agencies Could Use Crowdsourcing to Foil WMD Attacks
For decades, the edifice of the U.S. intelligence community (IC) has been built on a single principle: that intelligence is best when it is secret. Within the IC, this principle…
A Rush to Confirm Judge Kavanaugh at the Expense of Senate Interests
The Senate is now considering President Donald Trump’s nomination of Judge Brett Kavanaugh to replace Justice Anthony Kennedy on the Supreme Court. Whoever replaces Justice Kennedy,…
A Call to Former Intelligence Community Employees Who Are Subject to a Prepublication Review Requirement
Millions of former public servants who once had access to classified information—and many who didn’t—are subject to a requirement of prepublication review. They are generally…
Security Clearance Records, FOIA, and Privacy: What Went Wrong for Abigail Spanberger
How did an unredacted copy of a security clearance application for a former CIA officer-turned Democratic candidate land in the hands of a GOP super PAC?
What Happened at the Court: The Hasbajrami Oral Argument on Section 702 of FISA and the Fourth Amendment
On August 27, the U.S. Court of Appeals for the Second Circuit heard argument in United States v. Hasbajrami, a case that raises several challenges to the constitutionality of…
Flaws in (Use of) Harris Poll on Brennan’s Security Clearance
In a late Tuesday night tweet, President Donald Trump seized on an online survey’s apparent shock finding that a majority of Americans think John Brennan’s security clearance…
Condolence Payments for Civilian Casualties: Lessons for Applying the New NDAA
The new National Defense Authorization Act can help improve the way the U.S. responds to civilian casualties. FOIA requests and interviews with DoD officials, U.S. soldiers, judge…
Americans’ Privacy at Stake as Second Circuit Hears Hasbajrami FISA Case
When Congress reauthorized Section 702 of the Foreign Intelligence Surveillance Act (FISA) in January, it ratified the warrantless collection of potentially millions of Americans’…
The Case for Legislative Security Clearance Reform
One thing everyone can agree on is that President Donald Trump is a master at exposing the cracks in our political and legal landscape, whether he intends to or not. He refuses…