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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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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Revelations From the Newly Declassified FISC Opinion on Section 702

Last week, the Office of the Director of National Intelligence (ODNI) declassified several Foreign Intelligence Surveillance Court (FISC) opinions from 2015. One opinion from November…
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The National Security Council as FOIA “Agency”

Two weeks ago, Rep. Jackie Walorski (R-Ind.) introduced a bill that would define the National Security Council (NSC) as an “agency” for purposes of the Freedom of Information…
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The FBI’s Warrantless Surveillance Back Door Just Opened a Little Wider

On Tuesday, the Office of the Director of National Intelligence (ODNI) released a redacted version of an opinion by Judge Thomas F. Hogan of the Foreign Intelligence Surveillance…
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Feinstein-Burr, Encryption, and “The Rule of Law”

There’s a lot to say about the substance of the misguided anti-encryption legislation sponsored by Sens. Dianne Feinstein and Richard Burr, which was recently released as a “discussion…
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