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.
1,846 Articles

Trump Calls for Congressional Investigation of his Administration-in-Waiting
On Friday, President-elect Donald Trump tweeted: “I am asking the chairs of the House and Senate committees to investigate top secret intelligence shared with NBC prior to…

A New Era of Mass Surveillance is Emerging Across Europe
The world was a different place when, in October 2015, the Court of Justice of the European Union (CJEU) struck down the “Safe Harbour” data-sharing agreement that allowed…
A Tweet Recap of the Senate Armed Services Committee Hearing on Foreign Cyber Threats to the US
There was a lot anticipation for Thursday’s Senate Armed Services Committee hearing on global cyber threats to the United States, with the expectation that more would be…

The DHS/FBI Report on Russian Hacking was a Predictable Failure
Russian cyber espionage against American political targets has dominated the news in recent months, intensifying last week with President Barack Obama’s announcement of sanctions…

Five (Overlooked) Decision Points for the Trump Administration in National Security
What are the decision points that the President-elect’s transition team and incoming administration will likely face over the horizon in the national security arena? News media…

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…
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…
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…
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…