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.
1,805 Articles
The Ninth Circuit’s Constitutional Detour in Mohamud
The Ninth Circuit’s decision in United States v. Mohamud continues a trend of disappointing decisions by lower courts on the constitutionality of FISA Section 702 surveillance.…
The Economic Incentives for International Cybersecurity Coordination
On Friday, the President’s Commission on Enhancing National Cybersecurity published its final report, making 16 recommendations and identifying 53 action items to improve cybersecurity…
Ninth Circuit Upholds 702 Foreign Intelligence Surveillance, But Leaves Open Future Challenges
Yesterday, the Ninth Circuit released its opinion in United States v. Mohamud – a case I described back in January 2015 as a “top national security” case to watch in the…
Rule 41 Has Been Updated: What’s Needed Next
On December, 1, the revised version of Federal Rule of Criminal Procedure 41 went into effect. The Department of Justice, which first proposed an earlier (and more expansive) version…
New Counterterrorism Program in Los Angeles: Suspicious Thought Reporting?
The FBI is teaming up with local police in Los Angeles to roll out a new approach to prevent domestic terrorism, called RENEW for “Recognizing Extremist Network Early Warnings.”…
The Investigatory Powers Act: The Official Entrenchment of Far-Reaching Surveillance Powers
What was formerly known as the Investigatory Powers Bill, referred to elsewhere as the “revised Snoopers’ Charter,” has received Royal Assent and, as of Nov. 29,…
Foreign Gov’t Assistance to Trump Administration Policies: What Int’l Law Prohibits
The policies of the incoming Trump Administration may spell legal trouble for cooperation between the United States and its allies in important areas of national security. One…
Trump’s Whistleblowers—Whether Limited Pardons for Manning and Snowden Makes Sense Now
Whatever you might have previously thought about the notion of President Barack Obama pardoning Chelsea Manning and Edward Snowden, the election of Donald Trump changes everything.…
Investigating Surveillance Around Standing Rock
An anonymous Facebook plea recently went viral, asking people to check in to the Standing Rock Indian Reservation to thwart police surveillance of the Dakota Access pipeline protesters.…
Surveillance and Anti-Press Sentiment Heightens Concerns for Journalists Closer to Home
In 1999, Amartya Sen argued that the health of a country could be determined by examining the health of its press. One metric of the fitness of a country’s press is the safety…
The Server Will Bewitch You Shortly
It’s been a little over a year since Bernie Sanders assured America that the public was “sick of hearing” about Hillary Clinton’s “damn e-mails,” and to put it mildly,…
The Drone Memos—The Book
My new book, The Drone Memos, will be published on November 15. It’s a collection of the most important legal and policy documents relating to the U.S. drone campaign, preceded…