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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Digital Free for All Part Deux: European Commission Proposal on E-Evidence

The European Commission has released a proposal to enable EU-member states’ law enforcement authorities to access digital information regardless of where that data is stored.…

The Intel Community’s Annual Transparency Report Raises More Questions Than It Answers

The Office of the Director of National Intelligence's new mandatory report, summarizing certain intelligence agencies’ surveillance activities in 2017, is one of the most important…

Gina Haspel: Feminist Smokescreen, Not Choice

Over the weekend, White House Press Secretary Sarah Sanders tweeted that it would be hypocritical to at once “support women’s empowerment” and oppose the nomination of Gina…

The Diplomats Speak: More Opposition to Gina Haspel’s Nomination to Head the CIA

Above: CIA headquarters. An august group of 115 retired diplomats have now circulated their own letter (reproduced below) in opposition to the nomination of Gina Haspel to lead…

Can An Insider Save CIA From Itself?

As confirmation hearings loom for Gina Haspel to be director of CIA, the focus has understandably been on what actions she might have taken in the Agency’s enhanced interrogation…

More Questions for Gina Haspel—The Record of False CIA Claims about Torture’s “Efficacy”

Recently Katherine Hawkins published a comprehensive set of questions that Gina Haspel, nominee to head the CIA, should be asked during her confirmation hearings (“What the…

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…
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