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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Cybersecurity, Elections, and Critical Infrastructure at Home and Abroad

In the last few days, Secretary of Homeland Security Jeh Johnson and Homeland Security Advisor Lisa Monaco have both suggested that in the wake of the DNC hack, the United States…
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Towards a Cyber-Security Treaty

The Democratic National Convention (DNC) leaks revealed last week have presumably reminded many Americans to the severe cyber-threats this country is facing. Particularly alarming…
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The DNC Hack and Democracy

Last Tuesday, Jack Goldsmith published a remarkable series of tweets about the apparent Russian hack and publication of confidential DNC emails on the eve of the Democratic…
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France’s Emergency Powers: The New Normal

France’s latest renewal of its emergency law has made few headlines abroad—except perhaps in Turkey, where President Recep Tayyip Erdogan, fresh from passing his own sweeping…
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The Democratic National Committee Hack: Information as Interference

Earlier this month, WikiLeaks released nearly 20,000 e-mails belonging to Democratic National Committee’s top officials, where Senator Bernie Sanders was humiliated and criticized.…
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Secret Law, Targeting, and the Problem of Standards: A Response to Dakota Rudesill

In his recent posts and an article, Dakota Rudesill tackles the phenomenon of secret law. Dakota persuasively describes a growing body secret law, which he defines as “legal…
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Donald Trump’s Wall, David Rieff’s Long War, and the Dangers of Fear-Mongering

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

On Wednesday, I summarized the findings of my recent study of alleged secret law in the three branches of the US government and my conclusion that secret law is a limited but important…
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Theresa May’s Record on Surveillance, Human Rights, and Counterterrorism

Theresa May, Britain’s newly appointed Prime Minister was previously the UK Home Secretary. In that role she fought for expansive state surveillance powers, blamed human rights…
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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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