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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1,846 Articles

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…

DHS’ Constant Vetting Initiative: a Muslim-Ban by Algorithm

Above: President Donald Trump and DHS Secretary Kirstjen Nielsen. Late last week, the Congressional Black Caucus (CBC) wrote to the Department of Homeland Security, urging it…

The EWI Encryption Report: Stop Trying to Sell Me a Shoebox

Which would you prefer: keeping your valuables in a locked safe, or keeping them in a shoebox and trusting that everyone will adhere to laws against theft and their concomitant…

Episode 62 of the National Security Law Podcast: Wait–We Have to Talk About GATT?!?

It’s not every week on this show that we get to talk about the Trade Expansion Act of 1962 and the General Agreement on Tariffs and Trade!  And if that’s not an appealing…
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.

New Ruling Shows How Few Options There Are for Intelligence Community Whistleblowers

Last week, a federal judge dismissed a complaint by a CIA whistleblower (and spy), who goes by the pseudonym James Pars. The ruling by Judge Trevor McFadden could affect the willingness…

Just Security Podcast: Sam Vinograd on Kushner’s Security Clearance Downgrade

Earlier this week, Jared Kushner was stripped of his interim top-secret security clearance, limiting his ability to view highly classified intelligence and potentially jeopardizing…

Why An Encryption Backdoor for Just the “Good Guys” Won’t Work

Recently, U.S. law enforcement officials have re-energized their push for a technical means to bypass encryption. But seeking to undermine encryption only looks backward instead…
Michael Horowitz, Inspector General of the U.S. Department of Justice, testifies during a Senate Judiciary Committee hearing titled 'Oversight of the Foreign Agents Registration Act and Attempts to Influence U.S. Elections' in the Hart Senate Office Building on Capitol Hill, July 26, 2017 in Washington, DC.

Trump’s New Target: The Justice Department’s Inspector General

President Donald Trump repeated his totally bizarre attacks against his own attorney general on Wednesday, but this time he included a new target for his anger: the Justice Department’s…

Deciphering the Redactions in the Schiff Memo

Almost as important as what the Schiff memo says is what it doesn’t say, because it got redacted. But, for various reasons, we’re still able to discern what lies behind some…

Symposium Recap: We Need the Cloud Act To Save Us & What Bill Dodge Got Right

Arguments in the Microsoft Ireland case are now less than a week away.  Despite the desires of many (including me) that Congress move quickly to pass the CLOUD Act – and thereby…
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