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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New UN Report Highlights Freedom of Expression Violations Across the Globe

UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, David Kaye, yesterday issued his fourth report, a comprehensive survey…
The Exxon Valdez after leaking more than 10 million gallons of oil into Alaska's Prince William Sound in March, 1989.

Mass Hacks of Private Email Aren’t Whistleblowing, They are at Odds With It

The Exxon Valdez after leaking more than 10 million gallons of oil into Alaska’s Prince William Sound in March, 1989. Image via NOAA/Wikimedia The world of 2016 is one where…
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The Dangerous Implications of the Microsoft Ireland Case

Yesterday evening, the government filed its petition for rehearing or rehearing en banc in the Microsoft Ireland case. Throughout the brief, the government warns of both the…

International Law and Proposed U.S. Responses to the D.N.C. Hack

In a short essay in Foreign Policy, retired Admiral James Stavridis addresses recent election season cyber operations against the Democratic National Party that the U.S. has attributed…
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Hot off the Presses: DOJ Rehearing Petition in the Microsoft Ireland Case (Full Text)

DOJ filed the attached motion tonight, seeking rehearing or reaching en banc in the Microsoft Ireland case.  In the government’s words: “The [panel] Opinion has created…
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“A First Amendment in the Digital Age”—Peter Zenger Lecture

I had the honor of delivering the inaugural Peter Zenger lecture at Columbia Journalism School last week.  The lecture is named for a newspaper publisher who was tried for libel…
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Are Companies Bulk-Scanning E-mails for Spy Agencies?

UPDATE: Charlie Savage and Nicole Perlroth have an article in The New York Times resolving quite a few of the questions raised here; I’ve added comments as appropriate.…
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The UK Snooper’s Charter and the Anderson Report on Bulk Powers

In August, the UK’s Independent Reviewer of Terrorism Legislation, David Anderson QC, released his “Report of the Bulk Powers Review”. He was asked to undertake the review…
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Correcting the Record on Section 702: A Prerequisite for Meaningful Surveillance Reform, Part III

In our previous posts, we’ve argued that the NSA is collecting massive amounts of data about US citizens under conditions that have nothing to do with terrorism or national…
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Just Security’s Questions for Clinton and Trump

Given the importance of tonight’s prime-time debate between US presidential candidates Hillary Clinton and Donald Trump, we’re again running our list of vital national…
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A Broken Playbook: The NYPD Targeted Muslims in Over 95-Percent of Investigations That Broke Surveillance Rules

The NYPD’s Intelligence Bureau consistently broke court-imposed rules governing investigations involving political activity, according to a recent report by the NYPD Inspector…
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Correcting the Record on Section 702: A Prerequisite for Meaningful Surveillance Reform, Part II

Last week, we argued that the public discussion surrounding two of the government’s most controversial mass surveillance programs – PRISM and Upstream – has not sufficiently…
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