Foreign Surveillance

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Just Security

Just Security’s Questions for Clinton and Trump

Given the importance of tonight’s prime-time debate between US presidential candidates Hillary Clinton and Donald Trump, we’re again running our list of vital national…
Just Security

Correcting the Record on Section 702: A Prerequisite for Meaningful Surveillance Reform, Part II

Last week, we argued that the public discussion surrounding two of the government’s most controversial mass surveillance programs – PRISM and Upstream – has not sufficiently…
Just Security

No More Snowdens? Start by Reforming the House Intelligence Committee

Last Thursday, the House Intelligence Committee (HPSCI) issued a report condemning Edward Snowden and its members unanimously urged President Obama to decline public calls to grant…
Just Security

Unprecedented and Unlawful: The NSA’s “Upstream” Surveillance

The FISA Amendments Act of 2008 (FAA) — the statute the government uses to engage in warrantless surveillance of Americans’ international communications — is scheduled to…
Just Security

Correcting the Record on Section 702: A Prerequisite for Meaningful Surveillance Reform

The legal authority behind the controversial PRISM and Upstream surveillance programs used by the NSA to collect large swaths of private communications from leading Internet companies…
Just Security

The Vulnerability Equities Process Should Consider More than Intelligence Community Needs

Dave Aitel and Matt Tait’s recent post in Lawfare argued that the U.S. government’s procedure for deciding whether to withhold unknown or little-known vulnerabilities in…
Just Security

Secret Law, Targeting, and the Problem of Standards: A Response to Dakota Rudesill

In his recent posts and an article, Dakota Rudesill tackles the phenomenon of secret law. Dakota persuasively describes a growing body secret law, which he defines as “legal…
Just Security

It’s Time to Come to Terms With Secret Law: Part I

Secret law. The words are chilling. They evoke Kafka, unaccountable government, liberty subordinated to state security – and to some ears, perhaps simply the paranoid rantings…
Just Security

The Microsoft Ireland Case and the Future of Digital Privacy

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…
Just Security

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…
Just Security

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…
Just Security

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…
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