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

Privacy and Civil Liberties under the CLOUD Act: A Response

[Cross-Posted at Lawfare] In a post last week, Neema Singh Guliani of the ACLU and Naureen Shah of Amnesty International disagreed with our earlier arguments as to “Why the CLOUD…
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, Torture, and the ProPublica Correction

ProPublica’s comprehensive correction to significant portions of its earlier reporting on Gina Haspel, President Donald Trump’s recent nominee for CIA Director, provided an…

Follow-Up Questions For Facebook, Cambridge Analytica and Trump Campaign on Massive Breach

Late on Friday night, Facebook made a surprising announcement. The company said it was suspending the British firm Strategic Communication Laboratories (SCL), and its political…

The Unintended “Foreign Agents”

“Foreign agents” are suddenly in our midst – or so it seems. Paul Manafort was indicted, in part, for failing to register under the Foreign Agents Registration Act (FARA).…

UN Working Group: Indefinite Detention of Gitmo Detainee Violates Human Rights Law

The Jan. 24 findings of the UN Working Group on Arbitrary Detention conclude that the continued detention of Ammar al Baluchi at Guantanamo Bay is arbitrary, discriminatory, and…

“License to Kill” in Salisbury: State-sponsored assassinations and the jus ad bellum

Above: U.K. Ambassador to the U.N. Jonathan Allen speaks at an urgent meeting of the Security Council on the recent nerve agent attack in Salisbury, U.K. on March 14, 2018. (Spencer…

Trump’s Torture Appointees

While Trump’s executive picks have generated considerable publicity due to their support for or history with Bush-era torture and detention policies, his administration’s choices…

Why the CLOUD Act is Good for Privacy and Human Rights

Above: Lawyer Joshua Rosenkranz and Brad Smith, President and Chief Legal Officer of Microsoft, speak to reporters following oral arguments in the U.S. v. Microsoft case at the…

The End of Pretending

Above: President Donald Trump speaks at CIA headquarters. Editors’ note: this article has been updated to reflect the newly-reported fact that Gina Haspel was not in charge…

Four Common Sense Fixes to the CLOUD Act that its Sponsors Should Support

Congress is quietly but intensively debating the CLOUD Act, a bill which would have a serious impact on privacy rights, and it may be attached to an omnibus spending bill this…

Salisbury Response Option: Take Putin to Int’l Criminal Court

What legal options are open to the United Kingdom in its response to the alleged Russian assassination attempt in Salisbury? A separate piece at Just Security will discuss whether…
Commander of the U.S. Cyber Command, Director of the National Security Agency and chief of Central Security Services Navy Adm. Michael Rogers testifies during a hearing before the Senate Armed Services Committee September 13, 2016 on Capitol Hill in Washington, DC.

New Bill That Would Give Foreign Governments a Fast Track to Access Data

Increasingly, foreign governments have complained that the MLAT process in the U.S. is slow and that it allows the U.S. Government as a gatekeeper of electronic data. The CLOUD…
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