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.
1,805 Articles
A Return to Torture? Unlikely
One could be forgiven for thinking that all signs point towards torture making a comeback. Calls for the resumption of torture have been disturbingly prominent in this year’s…
With Remote Hacking, the Government’s Particularity Problem Isn’t Going Away
Electronic surveillance succeeds because it is secret. When the government seeks to record “what is whispered in the closet,” in the words of Justice Brandeis, it must use…
Forced Nudity: What International Law and Practice Tell Us
A number of weeks ago it was revealed that CIA operatives systematically photographed detainees who were being held as part of the “war on terror” while naked. It…
Important First Step by HPSCI on Pre-Publication Review Reform
Editor’s note: This post also appears on Lawfare. We are happy to learn, via Secrecy News, that the House Permanent Select Committee on Intelligence (HPSCI) has weighed in constructively…
Recap of Recent Posts on Just Security (May 14–20)
I. Guantánamo & ISIL Detainees Steve Vladeck, Can Detainees Plead Their Way Out of Guantánamo? (Tuesday, May 17) Jonathan Horowitz, The US’ Failure to Plan for ISIL…
Why Federal Agencies Must Still Preserve (and Should Finally Read) the SSCI Torture Report
This week’s news that the CIA’s Office of Inspector General destroyed two copies of the Senate Select Committee on Intelligence Report (SSCI Report) on the CIA’s Detention…
The 702 Reform Debate Is Just Heating Up
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…
Are US Courts Going Dark?
Now that the cell phones in San Bernardino and Brooklyn have been unlocked (no thanks to Apple), FBI warnings about “going dark” in the face of advancing digital encryption…
A Small, If Uncertain, Step Towards Accountability: De Sousa and the Abu Omar Abduction
Portuguese courts continue to clear the path for the extradition of former CIA agent Sabrina De Sousa to Italy. In 2009, Italy convicted De Sousa and 22 other US officials (all…
One-and-a-Half Cheers for Salim v. Mitchell
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…
Feinstein-Burr: The Bill That Bans Your Browser
Last week, I criticized the confused rhetorical framework that the Feinstein-Burr encryption backdoor proposal tries to impose on the ongoing Crypto Wars 2.0 debate. In this…
Congress’s Embarrassingly Empty (National Security) Record
This week, we learned the United States will send 250 special operations troops to the war in Syria, bringing the publicly known total number of American troops operating in the…