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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U.S. President Barack Obama talks with Russia's President Vladimir Putin, and Kremlin foreign affairs adviser Yuri Ushakov at the opening session of the Asia-Pacific Economic Cooperation (APEC) in Lima, Peru, Sunday, Nov. 20, 2016.

U.S.-Russian Relations After the Russian Hacking Affair

Russian President Vladimir Putin has defied the long-standing, hard rules of the game in handling espionage affairs by failing to follow the Russian Foreign Ministry’s recommendation…
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White House Retaliation for Russian Hacking

This afternoon the White House announced several actions against Russia in retaliation for Russian interference in the U.S. election. Key among them is the use of the cybersecurity…
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Recommended Reading: Kristen Eichensehr on Classifying the Election System as “Critical Infrastructure” in Response to Russian Hacks

Several news outlets are reporting that the Obama Administration is likely to announce very shortly a packet of measures it will pursue in response to Russian cyber activities…

The 16 Most Popular Just Security Posts of 2016

Before we turn our attention to 2017, we thought we’d look back at the 16 most popular posts  on Just Security over the past year. The topics include everything from surveillance…

Recent Rule 41 Changes: A Catch-22 for Journalists

In early December, the final effort in the Senate to delay amendments to Rule 41 of the Federal Rule of Criminal Procedure was blocked, putting the updates into effect and making…
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European Court of Justice Rules “General and Indiscriminate Retention” of Electronic Communications Forbidden by EU Law

The Court of Justice of the European Union ruled yesterday that “general and indiscriminate retention of all traffic and location data of all subscribers and registered users…
A keyboard.

The “Hacked” US Election: Is International Law Silent, Faced with the Clatter of Cyrillic Keyboards?

Russia, it would appear, “hacked” its way into the US election. The Obama administration has pledged some sort of response. That reaction should be guided by a close consideration…

Recommended Holiday Reading from Just Security’s Editors

Just in time for holiday shopping, we asked some of our Just Security editors to help put together a reading list, partly with the incoming Trump administration in mind. We asked…
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New Disclosures Reflect NSLs’ Substantive First Amendment Flaws

This year has seen a remarkable string of disclosures about national security letters (NSLs), the secret demands the FBI sends to financial and communications service providers…
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At Least One Copy of the Senate Torture Report Will Be Preserved. What About the Others?

White House Counsel Neil Eggleston’s recent announcement that President Barack Obama will archive at least one copy of the full Senate torture report under the Presidential Records…
Putin sits in front of a microphone at a Cabinet meeting in Moscow's Kremlin, Russia on September 7, 2016.

A Patriot Fears Not Truth about Russian Election Interference: Time for a commission to investigate

Last week, the Washington Post reported that the Central Intelligence Agency briefed Senators that it is “clear” that Russian hacking operations were designed to help Donald…
Papers are layered on top of one another. Overlaid the image is the text “Top Secret.”

President-elect Trump’s Picks Redefine “Two-Tiered System of Justice”

With his selection of retired Lt. Gen. Michael Flynn to serve as national security adviser, his continued consideration of retired Gen. David Petraeus for a possible administration…
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