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.
1,846 Articles

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…

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…

“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.…

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.