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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1,807 Articles

Just Security Podcast: Mike Breen on the US Abandoning the Iran Nuclear Deal

President Donald Trump announces his decision to withdraw the United States from the 2015 Iran nuclear deal in the Diplomatic Room at the White House May 8, 2018. (Photo by Chip…

In Defense of Sovereignty in Cyberspace

This article is the latest in our Fog of Law series that examines the gray zones in international law and conflict that can be exploited by states. The series comes in advance…
A man walks across the seal of the Central Intelligence Agency at the lobby of the Original Headquarters Building at the CIA headquarters February 19, 2009 in McLean, Virginia.

The Haspel Nomination as a Referendum on (Un-)Accountability

One of the consistent themes of the Supreme Court’s jurisprudence over the past few decades has been aggressive hostility to “judge-made” remedies, i.e., the…
A man walks across the seal of the Central Intelligence Agency at the lobby of the Original Headquarters Building at the CIA headquarters February 19, 2009 in McLean, Virginia.

“I’m Going to Defend My Guys to My Last Breath” Morell’s Virtual Whitewash on the Destruction of CIA Videos

On Friday, April 20 the CIA declassified a memo, written in 2011 by then-Deputy Director Mike Morell, about the destruction of 92 videotapes of “enhanced interrogations” at…

The First Transfer of a Guantánamo Prisoner By the Trump Administration

On Wednesday, the Trump administration transferred longtime detainee Ahmed al-Darbi out of Guantánamo Bay. Although al-Darbi isn’t going free, this first transfer of a Guantanamo…

Gina Haspel’s Nomination to Head the CIA: Why the Controversy & What is at Stake?

The Senate has recently confirmed Mike Pompeo to be Secretary of State, after Senator Rand Paul (R-KY) dropped his objections and several Democrats indicated that they would support…

The DNC Lawsuit and First Amendment Sensitivities

The First Amendment generally bars civil or criminal liability for publication of truthful material about a matter of public concern. That is true even in the case of stolen information.…
The new Google logo is displayed at the Google headquarters on September 2, 2015 in Mountain View, California.

Google Employees’ Ire Over DoD’s AI Work Shows Need to Bridge Tech and Security

Years ago, at a conference of national security types, I asked a pointed question of two former senior intelligence officials about encryption, and whether it was good for the…

New Evidence of Obstruction of Justice in House Intelligence Committee Minority Report

Witnesses to James Comey's phone calls with the President, "veiled threats" by Mr. Trump against the FBI Director and Deputy Director, and more.

The Politicization of Our Security Institutions

The politicization of the FBI has been swift and extreme. According to Reuters polling, just two years ago, 84 percent of Republicans viewed the FBI favorably. By February 2018,…
A man walks across the seal of the Central Intelligence Agency at the lobby of the Original Headquarters Building at the CIA headquarters February 19, 2009 in McLean, Virginia.

Gina Haspel Threatens Intelligence Cooperation: Yet Another Reason for Senators to Vote Her Down As CIA Director

Gina Haspel’s morally indefensible role in the CIA’s torture program makes her unqualified to be the new CIA director. What’s worse, if confirmed as CIA director, she would…

What the Senate Needs to Ask Gina Haspel

Without full declassification of her involvement in American torture and rendition programs during the George W. Bush administration, Gina Haspel’s confirmation hearing will…
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