Surveillance

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The Surveillance State’s Legalism Isn’t About Morals, It’s About Manipulating the Rules

Margo Schlanger has written a great article forthcoming in the Harvard National Security Journal about intelligence legalism, an ethical framework she sees underlying NSA surveillance.…
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The Problem With Legalism in the Surveillance State

Editor’s note: this post is a preview of ideas raised in an upcoming article by the author, Intelligence Legalism and the National Security Agency’s Civil Liberties Gap,…
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Extending Privacy Protections to Foreigners Will Benefit Americans

I wanted to add a few thoughts to Ryan Goodman’s post outlining policy arguments for and against giving foreigners the same privacy protections enjoyed by Americans (at least…
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A Cult of Rules: The Origins of Legalism in the Surveillance State

Editor’s note: this post is a preview of ideas raised in an upcoming article by the author, Intelligence Legalism and the National Security Agency’s Civil Liberties Gap,…
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National Security Politics in the 114th Congress

Last September, I wrote a post exploring whether some of the congressional reactions to the Snowden disclosures might have been portents of a coming political realignment on national…
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A Republican Senate Takeover Won’t Doom Surveillance Reform

Late on the evening of May 29, 2014, California Rep. Zoe Lofgren (D) called a small, bipartisan group of lawmakers to her office in the Longworth Building on the Capitol Hill campus.…
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2014 Congressional Midterms and Surveillance Reform: Races to Watch

This is the first of two posts discussing the future of surveillance reform after the 2014 midterms. The second post is available here. The high water mark for NSA reforms in the…
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The Private Frontline in Cybersecurity Offense and Defense

Two reports released Tuesday highlight the important role private actors are playing in cybersecurity defense. Cybersecurity company FireEye released a report on espionage activities…
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Should Foreign Nationals Get the Same Privacy Protections under NSA Surveillance–or Less (or More)?

When it comes to mass surveillance, should foreign nationals in foreign territory be afforded the same privacy protections as one’s own nationals? According to a recent report…
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Apple, Boyd, and Going Dark

Apple’s recent announcement that it will encrypt its newest iPhones is again pushing to the fore the question of whether the law should be updated to require companies to have…
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EU-Funded Study: Electronic Mass Surveillance Fails – Drastically

(This article presents the results of research by the SURVEILLE [Surveillance: Ethical Issues, Legal Limitations, and Efficiency] consortium, a European Union-funded multidisciplinary…
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Shhh! Last Week Was All About Secrets

Editors’ Note: The following post is the sixth installment of a new feature, “Monday Reflections,” in which a different Just Security editor will take an in-depth look…
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