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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Today’s ODNI and Section 702 News

Today, the Office of the Director of National Intelligence (ODNI) announced that it would stop some of the surveillance it conducts on the telecommunications backbone under authority…

Letter to the Editor: Why Concerns Over FBI Queries Under Section 702 Are Overblown

In her recent article, “Broad Warrantless Surveillance Threatens to Undermine the Criminal Justice System,” Sarah St.Vincent writes that Attorney General Jeff Sessions’…
A person holds a tablet with the image of a featureless face on it. Lines are highlighted across the face representing facial recognition.

Questions to Ask As DHS Proposes Border Drones With Facial Recognition

In what could prove to be a Frankenstein combination of invasive technologies, the Department of Homeland Security is considering a project to arm Customs and Border Patrol (CBP)…
Two people work on a laptop. One wears a jumper with “FBI” written on it, and the other wears a jumpsuit with “CIA” written on it.

Broad Warrantless Surveillance Threatens to Undermine the Criminal Justice System

Congressional debates about the renewal of one of the United States’ most sweeping intelligence surveillance laws are heating up. Helping to shape the discussion are several…

Letter to the Editor: The Whistleblower Protection Debate Continued

Recently, Andrew Bakaj and my former counsel, Mark Zaid, responded to my critique of their first piece on the state of national security whistleblower protections, stating We disagree,…
A magnifying glass hovers above the words, “Whistle blower” in red text surrounded by nonsensical numbers and letters.

Letter to the Editor: Whistleblower Protections Are Getting Stronger

The March 2 article on Just Security by Patrick Eddington, titled “Whistleblower Retaliation: A Governmental Accountability and National Security Crisis,” certainly captures…
Falun Gong practitioners Kimmy Gao and Ruting Fang place their hands in front of their bodies in prayer pose as they demonstrate in front of the Chinese Consulate July 20, 2009 in Chicago, Illinois.

“Golden Shield” Oral Arguments Today: Doe v. Cisco

A panel of the Ninth Circuit of Appeals in San Francisco (composed of Judges Stephen Reinhardt, Wallace Tashima, and Marsha Berzon) will hear oral arguments today in the Alien…

Censorship at the Border Threatens Free Speech Everywhere

Defending one’s political and religious beliefs to government officials is an obligation we associate with life in authoritarian regimes, not open societies.  It’s becoming…

Norms Watch: Tracking the Erosion of Democratic Traditions (Apr. 7-14)

Editor’s Note: Welcome to the latest installment of Norms Watch, our series tracking both the flouting of democratic norms by the Trump administration and the erosion of…

How High Was the Bar for Getting a FISA Warrant to Monitor Carter Page?

During summer of the 2016 presidential campaign, the FBI obtained a warrant from a secret court, known as the Foreign Intelligence Surveillance Court, to monitor a Donald Trump…
A person holds a phone at the airport.

To Senate Committee on Homeland Security: Five Questions for Secretary Kelly About Passwords Demands at the Border

On January 31, an NASA engineer and U.S. citizen, Sidd Bikkannavar, was informed by federal border agents he hat he was required to turn over the password to his smartphone on…
President Donald Trump speaks on the phone with Australian Prime Minister Malcolm Turnbull in the Oval Office of the White House, January 28, 2017 in Washington, DC. National Security Advisor Michael Flynn and White House Chief Strategist Steve Bannon also sit around the desk.

A Primer on the Foreign Agents Registration Act—and Related Laws Trump Officials May Have Broken

About a week ago, I wrote a pair of posts about the increasing insinuation in various camps that, if in fact the Trump campaign colluded with the Russian government to influence…
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