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
Four Takeaways From State v. Andrews
On Wednesday, an appellate court in Maryland handed down a major loss to the government, one that will send police and prosecutors back to the drawing board (or at least back to…
The New Intelligence Sharing Procedures Are Not About Law Enforcement
[Editor’s Note: The author composed this analytic essay while serving as General Counsel for the Director of National Intelligence.] There has been a lot of speculation about…
We Need to Know More About When the FBI Can Access One of the NSA’s Biggest Databases
Americans have learned quite a bit about electronic surveillance since Edward Snowden leaked a massive trove of classified documents almost three years ago. And while we still…
Update on the “Snooper’s Charter”
On March 15, the UK’s Investigatory Powers Bill had its second reading in the House of Commons (see my earlier posts on the bill here and here). It passed with 281 votes in favor…
Should (and can) the CIA use non-covert force against ISIL in Iraq and Syria?
Ken Delanian of NBC has an important new story (written and video) about an apparent interbranch dispute concerning whether the CIA should be authorized to use force against ISIL…
Digital Disruption of Human Rights
Last week, we explored the conceptual challenges to the universal human rights framework that have been brought by digital technology. Today, we shift from conceptual to concrete…
Surveillance Oversight Should Be President-Proof, But We’re Still a Long Way Off
Last week, at an event co-hosted by Just Security and NYU’s Brennan Center for Justice, the NSA’s Civil Liberties and Privacy Director Rebecca Richards dropped the ball. When…
Deterrence by Indictment?
In an indictment released this morning, the Justice Department charged seven Iranians with carrying out distributed denial of service (DDoS) attacks on US financial institutions…
FBI Discovers It Can Access That iPhone After All
Update: The FBI is now explicitly denying that the method described in this post is the one they’re planning to employ — so apparently my suspicion was mistaken and they…
Update from the European Frontlines: The Battle for Belgium
The dramatic footage of counterterrorism raids in Belgium emerging on our news screens over the last few days is a sharp contrast to the perceived inaction that characterized the…
So Software Has Eaten the World: What Does It Mean for Human Rights, Security & Governance?
In 2011, Silicon Valley entrepreneur and investor Marc Andreessen famously wrote the startling essay, Why Software is Eating the World, in which he described how emerging companies…
Strong Intelligence Oversight Can Happen Within the Executive Branch
That the American public is divided on the current showdown between Silicon Valley and the national security state is to be expected. What is more striking, at least at first blush,…