Recent Articles

What the No Fly List Teaches Us About Big Data
Shirin beat me to the punch in her excellent discussion of the court’s order in the first-ever no fly list case to be decided on the merits (an issue I previously discussed here).…

A Terrorist Watchlist Error Revealed
Last month, a federal district court for the very first time ordered the government to disclose an individual’s status on the terrorist watchlist. Jennifer Daskal described…

Two Developments re Section 215: (i) Changes to the Section 215 Program and (ii) Program’s Scope is Currently More Limited than Originally Thought
In his speech last month on the U.S. signals intelligence programs, President Obama “directed the Attorney General to work with the Foreign Intelligence Surveillance Court…

Letter to the Editor: Schrödinger’s Metadata
Earlier this week, Charles A. Blanchard floated a provocative idea: “As strange as it may seem, quantum mechanics might help us illuminate the best approach to restrictions on…

News Roundup and Notes: February 7, 2014
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. Syria The UN has welcomed…

US to Reduce Drone Program in Pakistan – But Does Pakistan “Agree”?
A must-read story in the Wall Street Journal this morning details a “general agreement” between the US and Pakistan to “narrow” the drone program to a short list of high-level…

CJEU’s Definition of “Internal Armed Conflict:” The Diakité Case
On January 30, the Court of Justice for the European Union discussed the criteria for determining when an internal armed conflict exists, and held that it does not require the…

An al Qaeda Armed Conflict with France or Malaysia?: The Legal Question at the Heart of the al Darbi Case
Yesterday the Acting Convening Authority of the GTMO Military Commissions, Navy General Counsel Paul Oostburg Sanz, referred charges against Ahmed Mohammed Ahmed Haza al Darbi,…

News Roundup and Notes: February 6, 2014
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. Syria Russia has announced…

“The NSA Doesn’t Spy On Americans”
Over at Lawfare, Ben Wittes is making excuses for the intelligence officials who’ve been saying the NSA doesn’t spy on Americans. Ben acknowledges the statement is false—“not…

House Committee on Foreign Affairs Hearing on “Al-Qaeda’s Resurgence in Iraq”
Yesterday was a busy day on Capitol Hill for those interested in various facets of U.S. national security policy with several hearings relevant to Just Security readers. Today…

A Reply to Gabor Rona on “Extrajudicial Release” in Afghanistan
In his post “Extrajudicial Release: A New Rule-of-Law Problem?” Gabor Rona rightly criticizes U.S. officials’ use of the term “extrajudicial release.” It is a troubling…