Recent Articles

Bureaucratic Resistance and the Deep State Myth
How to think — and not think — about the concept of a "Deep State" as the nation works through the Ukraine whistleblower developments.

How to Address Newly Revealed Abuses of Section 702 Surveillance
Last week's FISA Court opinions provide even more evidence that the current system fails to adequately protect Americans’ privacy.

The Early Edition: October 18, 2019
Signup to receive the Early Edition in your inbox here. Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and…

Bill Barr’s Witch Hunt
America’s chief law enforcement officer is using the full power of the U.S. government to pressure foreign governments to engage in investigations designed to politically benefit…

Reassessing U.S. Cyber Operations Against Iran and the Use of Force
"There is good reason to conclude the United States may have crossed the use of force threshold with this cyber operation."

Turkey’s (Latest) Invasion of Syria: Aggression, Proportionality, and Legal Consequences for NATO and Third-Party States
"All States are legally required to cooperate to bring any serious breach of a peremptory norm to an end by lawful means. Conversely, States are legally prohibited from helping…

A Fourth Amendment Framework for Voiceprint Database Searches
Voice recognition technology should be subject to a new Fourth Amendment framework, drawing on the Supreme Court’s recent technology-related decisions, that treats each query…

The Early Edition: October 17, 2019
Signup to receive the Early Edition in your inbox here. Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and…

The German Constitutional Court on the Right of Self-Defense Against ISIS in Syria
German Constitutional Court concludes that the government has a reasonable claim that the UN Charter permits use of force in self-defense against non-state actors — at least…

10 Questions for Trey Gowdy
Within one short media cycle, Gowdy became a part of the President's legal team before he wasn't. This all raises some questions.

The FISA Court’s Section 702 Opinions, Part II: Improper Queries and Echoes of “Bulk Collection”
Part II discusses the the FBI’s improper queries of Section 702 communications—as well as the FISA Court’s unsatisfactory solution for bringing the FBI into compliance with…

The Early Edition: October 16, 2019
Signup to receive the Early Edition in your inbox here. Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and…