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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1,846 Articles

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.…
Protestors at Standing Rock Indian Reservation stand in the water protesting the Dakota Access pipeline. Police stand across from them blocking them from moving.

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.…
Journalists with cameras stand on one side of bike rack barrier taking photos and video.

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…
Secretary of State Hillary Rodham Clinton testifies on the Law of the Sea Convention before the Senate Foreign Relations Committee in Washington, D.C., May 23, 2012.

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…
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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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