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

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…

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…
Deputy Attorney General Sally Q. Yates speaks during a press conference at the Department of Justice on June 28, 2016 in Washington, DC.

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…
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