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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It’s Time to Come to Terms With Secret Law: Part I

Secret law. The words are chilling. They evoke Kafka, unaccountable government, liberty subordinated to state security – and to some ears, perhaps simply the paranoid rantings…
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The Microsoft Ireland Case and the Future of Digital Privacy

This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
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Three Key Takeaways: The 2d Circuit Ruling in The Microsoft Warrant Case

As readers no doubt already know, the Second Circuit today issued a surprise ruling in the Microsoft Ireland warrant case — siding with Microsoft. The result: location of data…
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John Brennan on “enhanced interrogation techniques”

At this event today at Brookings, CIA Director John Brennan reiterated what he has said before: — “you cannot establish cause and effect between the [CIA’s]…
Just Security

Letter to the Editor: Chairman Medine’s Dedicated Service to the PCLOB Was a Testament to Bipartisanship

David Medine left the Privacy and Civil Liberties Oversight Board on July 1, 2016, after three years of dedicated service and leadership as the board’s Chairman. As the board’s…
Just Security

Visions and Revisions: Karen Greenberg on the Making of the Modern Security State

“It’s lovely to live on a raft. We had the sky up there, all speckled with stars, and we used to lay on our backs and look up at them, and discuss about whether they was made…
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Guest Post: What is FBI Director Comey Doing?

Amidst the furor following the FBI and Justice Department’s decision not to charge Hillary Clinton for the handling of her State Department emails, there has been much less attention…
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Whose World Is This?: US and UK Government Hacking

On both sides of the Atlantic, we are witnessing the dramatic expansion of government hacking powers. In the United States, a proposed amendment to Rule 41 of the Federal Rules…
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The Encryption Debate: All Quiet on the Western Front?

The US war on encryption has quieted down recently. The San Bernardino and Brooklyn court cases concerning encrypted iPhones both ended this spring not with a bang, but with a…
Just Security

The Good and Bad in the US Government’s Civilian Casualties Announcement

The US government on Friday, July 1 released long-sought information on its views as to how many people it has killed in drone and other strikes “outside areas of active hostilities,”…
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The government’s treatment of civilian casualties in counterterrorism operations [updated]

The government has just released two important documents. One is an assessment by the Director of National Intelligence of the cumulative civilian casualties from U.S. counterterrorism…
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Medical Complicity in CIA Torture, Then and Now

The US government released a series of documents about the CIA torture program on June 14 and 15, in response to Freedom of Information Act lawsuits by the ACLU and Vice News.…
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