Intelligence activities
161 Articles
Congress Squawks as Surveillance Chickens Come Home to Roost
A year that has alternated between major surveillance reforms and calls for new spying laws in the wake of ISIS attacks is set to close with a pendulum swing back against NSA surveillance…
Bulk Collection Under Section 215 Has Ended… What’s Next?
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…
A World at War With Daesh
They say we are at war. What does war look like? Our enemy is violent Islamic extremism. He is Daesh. He is al-Qaeda. The enemy consists of all groups and adherents of violent…
Politicization of Intelligence: Lessons From a Long, Dishonorable History
The Daily Beast and the New York Times have reported allegations that senior (but thus far unidentified) Defense Department and United States Central Command (CENTCOM) officials…
The Symbolic Sunset & What’s Next for the USA Freedom Act
Because the gods of traffic metrics are stern taskmasters, you’ll likely read a lot of headlines today about “the expiration of the Patriot Act,” possibly paired…
Candidates, Senators, and Surveillance: The Stakes
In the wake of the US Court of Appeals for the Second Circuit ruling that the Patriot Act’s Section 215 metadata program is illegal, former Senator (and now presidential candidate)…
The Investigation into 12333 Begins
The Privacy and Civil Liberties Oversight Board (PCLOB) voted 4–1 yesterday to conduct reviews of how Executive Order 12333 is used in counterterrorism investigations by the…
The Torture Convention & Appendix M of the Army Field Manual on Interrogations
We are on the eve of the release of the Senate Select Committee on Intelligence’s report on the Central Intelligence Agency’s interrogation program. Although this report will…
Executive Order 12333 and the Golden Number
I recently moderated a debate between Professor Nathan Sales of Syracuse Law, Professor Laura Donohue of Georgetown Law, Bob Litt, general counsel of the Office of the Director…
A Briefing on European Developments in Accounting for and Advancing Counterterrorism Actions
Fallout from European action during the “War on Terror” is ongoing in national and regional courts. The European Court of Human Rights has taken up a number of cases…
ODNI’s Civil Liberties Protection Officer Sets Forth Defense of 12333 Surveillance
Earlier this month, New York Times reporter Charlie Savage covered public criticisms made by John Napier Tye, a departing State Department official, of the NSA’s collection…
Executive Order 12333, Notice, and the Due Process Rights of Criminal Defendants
In a world of electronic surveillance and secret searches, notice is more essential than ever. Notice allows criminal defendants to test whether the government’s evidence was,…