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.
1,837 Articles

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,…

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…

“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…

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…

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…

Flynn’s Public Offer to Testify for Immunity Suggests He May Have Nothing to Say
The Wall Street Journal is reporting that former National Security Advisor Mike Flynn told the FBI and Congress that he is willing to testify in exchange for immunity. But it’s…

Following the Money: Russia, Cyprus, and the Trump Team’s Odd Business Dealings
While names like Carter Page, Roger Stone and Michael Flynn dominate headlines amidst allegations of possible collusion with Russia, there’s another angle to Donald Trump’s…

Q&A on Senate Intelligence Committee Press Conference with Burr and Warner
Sen. Richard Burr (R-N.C.) and Sen. Mark Warner (D-Va.), who are leading the Senate Intelligence Committee’s investigation into Russia’s interference in the 2016 presidential…

Sally Yates, Russia Testimony & Executive Privilege in the Trump Era
This week has shed light on the Trump administration’s aggressive approach to executive privilege, but it has also cast doubt over President Donald Trump’s ability to assert…