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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1,837 Articles

The Parties in U.S. v. Microsoft Are Misinterpreting the Stored Communications Act’s Warrant Authority

United States v. Microsoft comes to the court in stark terms. The case involves a search warrant demanding that Microsoft turn over stored emails from a server in Ireland. That…

Introducing Just Security’s Symposium on United States v. Microsoft

Just Security is pleased to announce the launch of an online symposium on United States v. Microsoft, which will be argued at the U.S. Supreme Court on February 27. The question…

The Age of Unregulated Social Media Is Over

In the United States, discussion of regulating technology companies such as Google, Facebook and Twitter is still relatively rare, and considered remarkable when it occurs. But…

Let’s Leave “Crisis” and “Emergency” For the Real Thing

Samantha Vinograd, who served on President Barack Obama’s National Security Council and as deputy U.S. Treasury attaché to Iraq during the Bush Administration, has recently…

Episode 59 of the National Security Law Podcast: Share the Cookies

We don’t lack for topics this week!  In today’s episode, Professor Chesney and I eat a number of cookies while talking about the following: Rachel Brand steps down at DOJ. …

Left Out of the Party on Cloud Nine: A Response to Jennifer Daskal

A new bill meant to address cross-border access to data is not a cause for celebration. It fails to include fundamental safeguards to protect consumer's rights. The CLOUD Act would…

Why the White House “System” for Security Clearances is an Intelligence Emergency

Former Bush and Obama official explains what exactly the risks are in having so many White House officials serve under long-term interim security clearances. She looks at the downstream…

It is up to House Intel Committee, not Trump, whether to release Democratic memo on the Page FISA application

News stories and headlines are saying things like, "Trump Blocks Release of Memo Rebutting Republican Claims” (New York Times)--but that's not accurate. The House Intelligence…

Surveillance Law Backers’ ‘Willie Horton’ Tactics

In the aftermath of the renewal of a major U.S. surveillance law last month, anyone concerned about civil rights should be taking stock of both the government’s extensive surveillance…
Don McGahn, general counsel for the Trump transition team, gets into an elevator in the lobby at Trump Tower, November 15, 2016 in New York City.

The White House Latest Move to Undermine Congressional Authority

Lost in the back-and-forth over the Nunes memo, is a new effort to weaken Congressional oversight and misdirect Congress.

Dissecting the Grassley-Graham Letter’s Criticisms of the Carter Page FISA Application

In a recently released letter and accompanying memo, Senate Judiciary Committee Chairman Sen. Chuck Grassley (R- Iowa) and Sen. Lindsey Graham (R-S.C.) outline concerns that reinforce…

How Well Did the Nunes Memo Answer the ‘5 Questions’?

Before the House Intelligence Committee released the Nunes memo on Friday, Asha Rangappa, a former FBI special agent, highlighted five questions that the memo would need to address…
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