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.
1,862 Articles
A Response to “The Tech”: Continuing the Vulnerability Equities Process Debate
In my recent Just Security piece, I argued that Aitel and Tait’s suggestions in Lawfare to focus the Vulnerability Equities Process (VEP) more narrowly on strategic intelligence…
Feinstein-Burr 2.0: The Crypto Backdoor Bill Lives On
When it was first released back in April, a “discussion draft” of the Compliance With Court Orders Act sponsored by Sens. Dianne Feinstein (D-CA) and Richard Burr (R-NC)…
The DC Circuit’s Latest Ruling in Al-Nashiri: Why the Military Commissions Cannot Escape the Taint of CIA Torture
The DC Circuit’s recent ruling in In re Al-Nashiri missed an opportunity to clarify an important question in the current US military commissions: when did the armed conflict…
Supreme Court Grants Temporary Stay in Backpage Senate Subpoena Litigation
I recently wrote about the Senate civil enforcement action seeking to enforce a subpoena of Backpage.com records issued by the Permanent Subcommittee on Investigations (PSI). Backpage…
The Vulnerability Equities Process Should Consider More than Intelligence Community Needs
Dave Aitel and Matt Tait’s recent post in Lawfare argued that the U.S. government’s procedure for deciding whether to withhold unknown or little-known vulnerabilities in…
To Privacy Rights Advocates: Embrace DOJ’s Cross-Border Data Proposal
In a lengthy post yesterday, Greg Nojeim and Ross Shulman take aim at the newly proposed legislation from DOJ that would permit the cross-border sharing of data for law enforcement…
Foreign Governments, Tech Companies, and Your Data: A Response to Jennifer Daskal and Andrew Woods
In a thoughtful August 1 piece in Just Security and Lawfare, law professors Andrew Woods and Jennifer Daskal urged Congress to embrace a legislative proposal by the US Justice…
A 9/11 Commission Approach to the Russian Hack of the DNC
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…
A Problematic Pseudo-Category of Surveillance Information and Promising Post-Collection Policy
This week, the Office of the Director of National Intelligence declassified a Foreign Intelligence Surveillance Court of Review (FISCR) opinion that has important broad implications…
The PPG Visualized, What the US Kill and Capture Bureaucracy Looks Like
This 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 ahead…
We Shouldn’t Wait Another Fifteen Years for a Conversation About Government Hacking
With high-profile hacks in the headlines and government officials trying to reopen a long-settled debate about encryption, information security has become a mainstream issue. But…
Today’s Important Deadline in the ACLU’s Targeted-Killing Transparency Case
Today, more than three years after President Obama announced that he had issued a classified “Presidential Policy Guidance,” commonly known as the PPG, meant to govern the…