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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The Early Edition: June 20, 2016

Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. IRAQ and SYRIA The Kremlin…
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The Early Edition: June 17 2016

Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. IRAQ, SYRIA, and THE ISLAMIC…
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Recap of Recent Posts on Just Security (June 4–10)

I. Cybersecurity  Kristen Eichensehr, Giving Up on Cybersecurity — Strategically (Monday, June 6) II. Surveillance & Intelligence Jennifer Daskal, Beware of the Emergency…
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FBI Guidelines Weaken Separation of Community Outreach and Intelligence Gathering Efforts

Community outreach programs are a staple of modern law enforcement, designed to build trust, address local concerns, and communicate effectively with the public — at least in…
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Beware of the Emergency Exception Loophole in the Email Privacy Act

The Email Privacy Act, which passed the House 419-0, is slated for consideration in the Senate Judiciary Committee hearing this week. The legislation updates the now 30-year old…
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Giving Up on Cybersecurity — Strategically

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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The Early Edition: June 6, 2016

IRAQ and SYRIA Syrian troops reached the “administrative border” of Raqqa province on Saturday afternoon, under cover of Russian airstrikes. The province is home to the Islamic…
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Recap of Recent Posts on Just Security (May 28–June 3)

I. Guantánamo Military Commissions  Steve Vladeck, Why the D.C. Circuit Can’t Really Duck the Article III Issue in Al Bahlul (Thursday, June 2) Daphne Eviatar, Sparring Over…
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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…
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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…
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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…
Just Security

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…
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