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
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…
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…
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…
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…
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…
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…
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…
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…