Such proportionality judgments involve weighing up many kinds of uncertainty, for which the U.K. Courts have been willing to allow a margin of appreciation for the decisions taken by the security and intelligence agencies.38 There is also an element of counter-factual thinking involved in the balancing act when it comes to authorisation of an operation, since not conducting the operation also involves potential ethical risk. This thesis is on how to elicit intelligence from human sources with the principal aim being to examine the efficacy of the tactics employed by the renowned WWII interrogator Hanns Scharff. 19. This is the process of collecting information and data on a local area's health needs and designing an effective L&D service in order to address the population's needs and demands. A memoir drawn from four decades of experience in the U.S. Army explores the strengths and limitations of America's irregular warfare capability. A consequence of a purely consequential moral code is that the most extreme threats ought to justify the most extreme measures. 24. It is not permitted to carry any weapons during the information-gathering process. The UDA made Nelson their intelligence officer and gave him the task of picking Catholic targets for murder. To have amoral intelligence officers without a sense of value ethics is as dangerous for the reputation of the intelligence agencies of a democracy, as it would be for their armed forces. Four years ago, the United Kingdom Parliament after extensive scrutiny passed (by a large cross-party majority) a comprehensive law regulating intrusive intelligence gathering. 3099067 This section draws on Omand and Phythian, 7983. But as a result of this plot, passengers worldwide were henceforth not allowed to take liquids of any sort with them. Data collection, analysis, dissemination and utilization are key . Again, intelligence assessment highlighted early on likely targets such as the London Underground, leading to a live multi-agency exercise on the ground at Bank Station in 2003. Discretion, dis-persal, and drift make it difficult to identify these boundaries. This principle provides the basis for ethical oversight of the artificial intelligence algorithms that are increasingly being used to question large data sets. to keep track of internal and intellectual prowess . Great care is also needed in resettlement of agents and their families, not to leave them vulnerable to detection and reprisals. Sources can include the following: Advisors or foreign internal defense (FID) personnel working with host nation (HN) forces or populations Diplomatic reporting by accredited diplomats (e.g. To request a reprint or commercial or derivative permissions for this article, please click on the relevant link below. See for example Charles Allen, Gods Terorrists: The Wahhabi Cult and the Hidden Roots of Modern Jihad (London: Little, Brown, 2006); and Noah Feldman, The Rise and Fall of the Islamic State (Princeton: Princeton University Press, 2008). 4 pages tagged with Intelligence gathering, Consultation on extracting data from electronic devices released, Using intelligence skills to target criminals ethically and proportionately, How an accountant's skills helped her move into intelligence policing, How an intelligence DCI followed his grandfather into policing, Do not provide personal information such as your name or email address in the feedback form. Pursue involved greatly expanding intelligence, military intervention and law enforcement capability to uncover terrorist networks, at home and overseas, disrupt their operations and where possible bring terrorists to justice. Within what ethical boundaries would the public want to see intelligence activity confined? Like dealing with a combustible gas there is a relation between the extent of the gas, the pressure applied, and its temperature. The agency must therefore be confident that filtering and selection processes are sufficiently discriminating so as to minimize the extent of invasion of privacy of the innocent.46. gathering. Here the Just War derived ethical concepts can be used to unpack the ethical issues that arise in counter-terrorist activity35: Right intention and integrity of motive on the part of those initiating, authorising and conducting operations. It provides a single set of standards for when intelligence can, and should, be used in order to enable operational decision making in order to meet HMPPS objectives . They need intelligence on the identities and associates, locations, movements, financing and intentions of the terrorists. Ever since its introduction in 2003 the U.K. has worked to such an integrated CT strategy, called CONTEST,8 first to counter Al Qaeda and its affiliates, then adapted to counter Daesh and now the violent extreme right as well.9 Secret intelligence gathering was always its hidden heart, and the U.K. intelligence agencies were centrally engaged in its construction, since the key to protecting the public against such threats is preemption. It is produced through an integration of imagery, imagery intelligence, and geospatial information. Camus, The Rebel (London: Penguin Books, 1962), 118. The need is to find ways of balancing clashing ethical propositions: for example, if we believe states have a primary duty to defend their citizens and the innocent then we can see that can require the use of lethal force to defend against armed attack.32 Yet setting out deliberately to kill or injure other people is surely morally wrong (as the Christian Commandments and the Torah state, thou shalt not kill). Social media intelligence (SOCMINT) is a sub-branch of Open Source Intelligence (OSINT), it refers to the information collected from social media websites. Where there are lapses from these codes there are sanctions. Recommended articles lists articles that we recommend and is powered by our AI driven recommendation engine. Peter Neumann, Old and New Terrorism (London: Polity, 2009), ch. Having a reliable internal moral compass is a pre-requisite for principled intelligence. Permission will be required if your reuse is not covered by the terms of the License. Raffaello Pantucci, We Love Death as You Love Life: Britains Suburban Terrorists (London: Hurst, 2015), ch. In relating to intelligence gathering, he opined that information The Nigerian security agencies in conjunction with that meets the stated, understood needs of National Intelligence Agency (NIA), the arm saddled policymakers collected, refined and narrowed the with international security, are touted to have lost their accomplished goal; i.e. They judge the rightness of their actions by their consequences. hb```c``! 6. The assessment and investigation process helps us. The intelligence and security agencies are a special case. 30. Applying this principle rules out mass surveillance or keeping the communications of a large group of citizens under observation in the blind hope that something may turn up to justify the operation. 11. Ethical risks also arise from the privacy intrusions of intelligence access operations, in particular those that access personal data in bulk, from example from fibreoptic cables, satellites or microwave links and from databases of personal data relating to individuals. The issue for liberal democracies that is the subject of this chapter is therefore how far their security and intelligence agencies should be allowed to go to obtain the secret intelligence to prevent terrorist attacks given the ethical risks associated with stealing secrets. Certainly, the historical experience is that nations that feel their identity and way of life is under existential threat reach a different set of ethical judgments as to what measures would be justified to counter such a threat.27 The U.S.Administrations war on terror launched after the shock of 9/11 is a case in point, with the many references made to the attack on Pearl Harbor that precipitated the United States into the Second World War.28 The perception of a continuing threat to the existence of the State of Israel led the Israeli Supreme Court to examine the lawfulness of Israeli attacks in Judea, Samaria and the Gaza Strip and conclude that In other words, attack is proportionate if the benefit stemming from the attainment of the proper military objective is proportionate to the damage caused to innocent civilians harmed by it. But there must be no hidden domestic political or personal agendas lying behind the authorization or the conduct of intelligence activity. . 2. By analogy, when a new digital intelligence gathering method is introduced there needs to be confidence that there will be the human and technical ability to assess and manage the risk of collateral harm, including the level of privacy intrusion into the lives of those not intended to be the target of intelligence gathering. It rests upon a delicate balancing act between conflicting values and interests.29. This paper documents sharing cybercrime, cybersecurity, and cyber threat intelligence information in the financial sector by providing an overview of core principles . Data is collected, stored, and analyzed by business intelligence (BI), the technological and procedural infrastructure that allows a company to gather, store, and analyze data. We can ask what might be an appropriate moral code applicable to the intelligence profession of a liberal democracy, given that inevitably (by definition of secret intelligence) officers have to engage in ethically risky behaviour that we would not regard as acceptable in everyday life, such as eavesdropping and bribing others to betray secrets. For more information please visit our Permissions help page. 17. To rapid a compression and the temperature rise may spark a conflagration. These technologies can help expand, automate, and sharpen the collection and processing of intelligence, augment analysts' ability to craft strategic . How MI5 Gather Intelligence Collecting intelligence to build up a detailed knowledge of threats to the country is at the heart of MI5's work. A novel experimental set-up (as well as new dependent measures) was introduced to evaluate the efficacy of different human intelligence gathering techniques. The unit also provides security for dignitaries and investigates threats against Portland officials and those involving workplace violence. intelligence, security enforcement and protective security. For the liberal democracies there need be no necessary conflict between freedom, liberty and security. There are many examples in the U.K. of parents and relatives seeking help when children show signs of being drawn into bad company or being attracted to the ideology of terrorist groups. THE ISSUE. The Investigatory Powers Act 2016 created a powerful Commissioner (a very senior judge), a new system of warrants for access to bulk data and an independent body to authorize law enforcement access to communications data and internet data connection records (the who called whom, when, where and how), essential evidence for criminal trials and for locating missing children. Fawaz A. Gerges, The Far Enemy: Why Jihad Went Global (Cambridge: Cambridge University Press, 2005), ch. Such threats in the past have been managed as criminal acts by law enforcement with specialist help, when necessary, from the intelligence and defence capabilities of the state. 29. 46. Private sector information includes airline bookings (and advanced passenger information shared between nations), credit card and financial data, on-line purchases and internet connection records and mobile telephone usage data. The Royal Canadian Mounted Police is Canada's federal police force. 145/16 of December 21 2016, http://curia.europa.eu/jcms/upload/docs/application/pdf/2016-12/cp16014en.pdf. The utilitarian philosopher John Stuart Mill put a valuable restriction on this linkage between means and ends in warning that The only purpose for which power can rightfully be exercised over any member of a civilised community, against his will, is to prevent harm to others.22 In a modern functioning democracy there should be some legal restriction on the purposes for which the nations security and intelligence apparatus can be deployed. 3. specialist units have long made good use of intelligence, surveillance and informants for identifying active criminals and gathering evidence of their activities. Today, vital intelligence on terrorism and cyberattacks comes from access to big data sets plus the skill to mine them with artificial intelligence algorithms, carefully coded to have a reasonable likelihood of selecting for the analysts information of value for authorized investigations. The use of intelligence in deriving the strategic aim of the integrated U.K. counter-terrorism strategy, CONTEST, and supporting its delivery is examined. Command line tool for passive reconnaissance, able to gather and link public information to a target domain, company or individual. In many cases these nations had adopted different ethical stances over intelligence gathering from that of the U.K., discussed later in the chapter.14. Tore Bjorgo and Horgan (London: Routledge, 2009), ch. Assessing proportionality has to be done by carrying out a balancing exercise in which the potential for harm to others of operations are set against the harms to the public that they are designed to avert, for example the likely intrusion into the privacy of those not the subject of investigation set against the saving of life and damage to property from stopping a terrorist attack. David Omand and Mark Phythian, Principled Spying: The Ethics of Secret Intelligence (Oxford: Oxford University Press, 2018), 16. ReNgine. An example was the containing in the 1970s of the threat from radical groups such as Baader-Meinhof and the Red Brigades.5 A more serious threat to society is generated when a terrorist group driven by religious ideology sets out to commit mass murder, engages in orchestrated campaigns of terrorism, and plans attacks on iconic targets and the civil infrastructure on which everyday society depends.6 Attacks on minority communities can, in particular, risk sparking inter-communal violence, and that can be a deliberate tactic of the terrorist.7 Major terrorist campaigns directlyaffect national security. When a terrorist attack is foiled, or a supply of arms to a terrorist group is frustrated, they will naturally see those beneficial outcomes as ample justification for the ethical risks they know they will have been running in their operations, whether by human or technical intelligence gathering. U.K. practice is to keep intelligence gathering activity separate from local counter-radicalization efforts, but a watertight compartmentalization is not always possible when lives may be at stake. The ethical risks of intelligence operations should be kept in line with the harm that it is intended to be prevented by them. Is it really necessary to do this? the threat gathering against us. Prevent involves reducing the likelihood of future attacks by reducing the flow of terrorist recruits, through tackling the process of radicalization into violent extremism and by persuading those involved to disengage from violence (although not necessarily from their political beliefs).15 That requires acquiring a deep intelligence understanding of the terrorists themselves and their religious beliefs and ideologies.16 Information volunteered from within the community, including those from which terrorists come, or in which they try to hide, has proved essential in identifying the young people most at risk of radicalizing influences whether in person or online. Intelligence is information gathered within or outside the U.S. that involves threats to our nation, its people, property, or interests; development, proliferation, or use of weapons of mass destruction; and any other matter bearing on the U.S. national or homeland security. 11. The OSINT framework is an online directory that lists open source tools for OSINT gathering, sorted by source type. Direct blackmail through entrapping the individual in criminal or socially disapproved of behaviour, such as by setting honey traps, is avoided on professional grounds by most Western services since the information obtained by a blackmailed agent cannot be trusted, and the agent will try to get their own back by withholding or distorting material. He was renowned for his ability to command military campaigns whose success owed a lot to his effective information-gathering and intelligence-led decision-making. . There is only a single categorical imperative and it is this: Act only on that maxim through which you can at the same time will that it should become a universal law.31 The essence of the Kantian moral philosophy is that a person is good or bad depending on the motivation of their actions and not on the goodness of the consequences of those actions. The condition that this must be achieved freely was an ethical signal from the British government that the strategy cannot be considered to have been achieved if it were to be necessary to depart from the values of democratic society, such as having to derogate from key aspects of human rights to allow the introduction of detention without trial, adopt coercive methods of interrogating suspects and so on.13 With confidence meant that people were still travelling by air and on the London underground, visitors were coming to the U.K., there was inward investment into the U.K., markets stable and so on. As reported in The Guardian, March 12, 2015, https://www.theguardian.com/news/defense-and-security-blog/2015/mar/12/britains-spy-agencies-the-only-watchdog-is-the-workforce (accessed March 27, 2020). David Omand, Securing the State (London: Hurst, 2010). 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