Sources like satellites, maps, signals, and even IMINT sources help you get GEOINT information. If ethical precepts never conflicted there would be little need for moral philosophy. military attachs) It enhances and extends insights that come from the analysis of market data and from published commentary and research, and thereby informs a range of policy and operational objectives. Under the Investigatory Powers Act 2016, for example, warrants to allow intelligence access by using digital bulk data must be signed by the Secretary of State and then judicially reviewed and counter-signed by a senior judge acting as a Commissioner.40 Authority to access communications data (considered less inherently sensitive than the content of communications) may under the Act be authorised by a designated independent senior officer working for the judicial Commissioner. intelligence, in government and military operations, evaluated information concerning the strength, activities, and probable courses of action of foreign countries or nonstate actors that are usually, though not always, enemies or opponents. The analysis references the Just War tradition that provides a set of ethical principles that can be used to unpack the issues that arise in counter-terrorist activity. Abuses range from hacking to scams, election interference to harassment. How to Fight Terrorism, Foreign Affairs 81, no. Ethical codes containing injunctions to refrain from morally questionable acts are almost a defining quality of a profession. Have your say on draft guidance giving victims of crime greater control over how and when police can extract their digital information, A role where it's important to keep on top of your continuing professional development and learn from research and analysis colleagues, An evidence-analysis role that supports policing's ability to take action and defend decision-making, A role where every day you're assessing risk, prioritising operations and pursuing the truth, Looking for more on this topic? In general, the more sensitive the operation the more senior should be the authoriser. The chapter concludes by applying these ideas to the techniques currently in use for counter-terrorism, especially the role of digital intelligence gathering today in helping uncover terrorist networks and frustrate attacks. There needs therefore to be a reasonable belief, on the basis of past experience or specific research, that there can be an expectation of sufficient effectiveness to justify the level of risk being run by the operation. Read our privacy policy for more information on how we use this data. These risks apply in all human intelligence work but especially with terrorist organizations where casual and extreme violence may be the norm. Or the terrorist violence may be indiscriminate mass murder such as the 9/11 attacks on New York and Washington aimed at demonstrating the vulnerability of the US homeland and thereby to incite Al Qaeda supporters around the world to further terrorist acts.3 Revolutionary terrorism has often the additional feature of attacks being designed to be exceptionally horrific to provoke the authorities into correspondingly violent responses that the terrorists believe will expose the underlying nature of the society they oppose.4 Examples of such callousness were the beheading videos of hostages held by Daesh in Iraq and Syria circulated on the internet. 4. hL) B` (]C@ S gathering. Private information -such as contents shared with friends . 43. A point first made trenchantly by the late Michael Howard, Whats in a Name? They judge the rightness of their actions by their consequences. For example, the inquiries by Chief Constable John Stevens and by the Canadian Judge Peter Cory examined allegations of collusion between the British Army and Loyalist paramilitary groups, subsequently investigated in detail by Sir Desmond de Silva, who concluded there was an absence of clear structures and guidelines to ensure accountability for the use and dissemination of intelligence and to ensure intelligence is not exploited illegally, had been https://www.gov.uk/government/publications/the-report-of-the-patrick-finucane-review (accessed March 27, 2020). A consequence of a purely consequential moral code is that the most extreme threats ought to justify the most extreme measures. 38. Nelson was found guilty but with a reduced sentence to take account of the lives it was claimed he had saved.45. 45. A reasonable prospect of success in achieving the desired ends from the activity. Cited by lists all citing articles based on Crossref citations.Articles with the Crossref icon will open in a new tab. It adds value to every business process, and in particular, empowers marketing teams to make better decisions. Register to receive personalised research and resources by email. This chapter first describes how intelligence is used to support the integrated U.K. counter-terrorism strategy. Real-world Market Intelligence Examples. When terrorists themselves are prepared to sacrifice themselves in the course of their attacks, it becomes ever more important to have the intelligence to forestall attacks, not just be able to bring to justice accomplices after the fact.10 Sadly, intelligence warning was not sufficiently available to prevent the attacks by the 19 members of the Al Qaeda gang that died after hijacking airliners to use as flying bombs against New York and Washington on 9/11 that killed 2977 civilians and rescue workers, by the four suicide bombers who died in conducting their planned series of attacks on the London transport system on 7 July 2005 killing fifty-two passengers, and by the terrorist who blew himself up at an Ariane Grande concert in Manchester killing twenty-twoyoung concert-goers and parents. A novel experimental set-up (as well as new dependent measures) was introduced to evaluate the efficacy of different human intelligence gathering techniques. They received long prison sentences. 47. The author, who often saw success at the tactical level only to be followed by strategic muddling and eventual failure, offers ideas on how to develop a world-class way of irregular war. Protect involves identifying where major vulnerabilities exist in critical infrastructure in relation to intelligence assessment of the likely capabilities and intentions of the terrorists. That is a values-based test. Intelligence gathering is a necessary tool law enforcement agencies needs for countering criminal activities in society. 4. The ethical issues associated with the general practice of secret intelligence are identified by referencing the Just War tradition establishing ethical restraints on armed conflict. By closing this message, you are consenting to our use of cookies. Social media intelligence (SOCMINT) is a sub-branch of Open Source Intelligence (OSINT), it refers to the information collected from social media websites. 27. Further, review all security measures concerning members of the By analogy, right in the secret intelligence context means both that the go-ahead is given by someone who has the authority to give it under rights-compliant law and that the decision is taken at a senior enough level appropriate to the ethical risks that may be run (the activity is then not arbitrary in the words of the UN Human Rights Declaration). Sorry, you need to enable JavaScript to visit this website. The British approach provides a legal licence to operate for intrusive digital intelligence methods in return for enhanced ethical safeguards and oversight, under a 3R ethical policy48: Rule of law: Up to date law to regulate intrusive intelligence gathering, providing transparency for the citizen as to the effect of the law, and with legal sanctions for misuse. 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. Geospatial Intelligence (GEOINT) is the analysis and visual representation of security related activities on the earth. The ethical risks of intelligence operations should be kept in line with the harm that it is intended to be prevented by them. It may also be classified as confidential or sensitive. 3. See Consolidated Guidance to Intelligence Officers and Service Personnel, July 2010, updated 2011, https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/62632/Consolidated_Guidance_November_2011 (accessed April 2, 2020). 23. 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. 2.2. Offering to get the threat of criminal charges against a suspect in custody lifted would be an example of the former; offering to provide financial or medical security for the agents family an example of the latter. It uncovered that an intelligence-led approach was adopted for all key service areas and not just crime with . to keep track of internal and intellectual prowess . In particular, three key interlinked intelligence failures have occurred at differ-ent levels. The vast majority of collection materials are public domain meaning they are available Intelligence gathering Tag: Intelligence gathering On this page . While science and technology and human capability both remain valuable facets of the same overlapping intelligence construct, there is an emerging trend of diametrically opposed camps pushing for one method over the other. The sharing of intelligence between nations with different moral and legal codes of practice requires constant ethical attention47: Nations have different standards of behavior, for example, in interrogating detainees. As described below, some of the most important of these relate to the limits to be placed on intelligence gathering. 31. These documents can be automatically . Discretion, dis-persal, and drift make it difficult to identify these boundaries. 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. Camus, The Rebel (London: Penguin Books, 1962), 118. Few, either in Congress or the general public, are aware of the complex procedures governing foreign intelligence gathering, much less understand the technical definitions given to the terms that are used. 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. PDF, 729KB, 19 pages. We should not therefore talk of having to balance human rights against security, but of achieving a balance within the basket of human rights to recognize our right to life and to be able to live under the rule of law, as well as upholding our right to privacy. See the essay on Kants use of the categorical imperative in the Stanford Encyclopedia of Philosophy, https://plato.stanford.edu/entries/kant-moral/accessed March 27, 2020. Finding your focus is a good starting point before diving in, but keeping your focus is just as . David Omand, Ethical Guidelines in Using Secret Intelligence, Cambridge Review of International Affairs 19, no. 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. 1. hVYo8+%"^"8FNfl2J4kc!3. It matters therefore how security and intelligence officers behave when they are out on their own and faced with ethical dilemmas. The ethical issues in intelligence work in support of counter-terrorist strategy affect all those involved not just those on the front line of intelligence collection and access. It will self-evidently help if there is running through the CT strategy a set of shared ethical premises. Where they share intelligence then they are unlikely to provide an honest account of the conditions under which it was obtained, yet such information must be checked where it bears on the safety and security of ones citizens. Data collection, analysis, dissemination and utilization are key . 48. This paper documents sharing cybercrime, cybersecurity, and cyber threat intelligence information in the financial sector by providing an overview of core principles . Some agencies do indeed carry out covert action, which confuses the ethical issues, but this a separable and subsidiary function" (Herman, 2004, p. 180). The outcome of centuries of debate on these issues has resulted in ethical principles that can be used to unpack individual cases to help determine whether a war is just, jus ad bellum, and whether conduct within it is proper, jus in bello. Basic Google searches, like site:company.com filetype:pdf will reveal them. When intelligence agencies access data in bulk, by definition the majority of individuals contained within the data set are not, and are unlikely to become, of interest to the Security and Intelligence Agencies in the exercise of their statutory functions.42 It is the problem of the haystack and the needle. 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. Then, on the assumption that secret intelligence has been obtained on the terrorists, a second set of ethical dilemmas can be addressed over the limits democratic governments might place on their uses to which preemptive intelligence can be put, such as to enable special forces operations or attacks by remotely piloted air systems (drones). Jul 29, 2020 4. Moral philosophers categorize the possible ways of answering that question drawing on three traditions: the consequentialist; the deontological; and the aretaic.21. 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. 30. 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. Any terrorist attack is individually highly distressing to those involved. An independent Court considers any complaints made by citizens or civil society groups. Intelligence gathering and surveillance is by its nature secretive, but the Bureau should adopt policies to guide officers tasked with collecting it. The intelligence report (IR) is used to submit and evaluate information, and to manage dissemination of intelligence. Another ethical risk is that intelligence reporting provided to another nation, such as under longstanding sharing arrangements, may be used by their agencies to take action against a suspect in a way that would not be permitted in the country that is providing the intelligence. Today, having the data in digital form makes storage of bulk data practical. 12. For example, collection, retention, processing and analysis of meta data gives the means to identify the patterns of communication of suspects and the existence of criminal networks. As such, it may contain some conversion errors and/or missing information. Restraint, requiring that the use by security and intelligence agencies of the coercive powers of the state to investigate the private lives of others be justified as both necessary and proportionate. Collateral intrusion has always been an issue with interception of fixed line telephones that capture the communications of all users in a home not just the targeted suspect. Having a reliable internal moral compass is a pre-requisite for principled intelligence. 6. Effective and modern intelligence presupposes that, like the U.K., national services are given this possibility in law. This chapter first describes the importance of secret intelligence in protecting the public from terrorist attacks. See Security Service Act 1989 s.1 and Intelligence Services Act 1994, s.1(2) and s.3(2). To be sure, gathering economic intelligence is a key priority of any national government and its intelligence community. Consultation Consultation on extracting data from electronic devices released Have your say on draft guidance giving victims of crime greater control over how and when police can extract their digital information . 8. In the U.K., the lead on alerts is taken as a professional judgment by the Joint Terrorism Analysis Center, based in MI5 headquarters, independently of Ministers. The most detailed description of how this operates can be found in the Academy of Sciences report, Bulk Collection of Signals Intelligence. Gathering marketing intelligence is now a key strategic initiative in every notable company across the globe. A 2020 Google search of No More Pearl Harbors produced 4,680,000 results. The team consists of one sergeant, four officers, and one administrative support staff. Recommended articles lists articles that we recommend and is powered by our AI driven recommendation engine. Intelligence officers are natural consequentialists. 12. This principle provides the basis for ethical oversight of the artificial intelligence algorithms that are increasingly being used to question large data sets. Gathering intelligence and using it as a decision-making tool far predates the advent of computer systems or cybersecurity. Intelligence-gathering tools, techniques, and procedures have long existed and been used for offensive and defensive military and government operations [14]. The heart of an integrated CT strategy lies in having a strategic aim that can be shared by all those with a contribution to make from central government and its departments and its security and intelligence agencies, the armed forces, police services, local government, private industry and the voluntary sector, and of course members of the law abiding public acting sensibly in terms of reporting suspicious activity and community concerns. Israeli Supreme Court, HCJ 769/02, December 11, 2005, para. Recon-ng. Intelligence collection is a continuous process and there may be specific requirements for its recording and use. 45, cited in Omand and Phythian, 103. 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. In such circumstances the intelligence agency, and thus the state, risks becoming a party to collusion in serious criminality. Reducing the risk, not eliminating it, is itself an ethical judgment since it involves accepting that there will be some continuing risk to the public. THE ISSUE. Command line tool for passive reconnaissance, able to gather and link public information to a target domain, company or individual. 6. To request a reprint or commercial or derivative permissions for this article, please click on the relevant link below. 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. 32. 33. Without security there can be no liberty, true freedom or rule of law. In other words, if it is personal desires or uncontrolled emotions that cause the officer to act in a particular way, then that action cannot give them moral worth. intelligence gathering, how it has been justified by the 'ticking-bomb' scenario and why those justifications set dangerous precedents that undermine liberal values. (2023). For most of British history secret intelligence was gathered at home and overseas using the prerogative powers of the crown to authorize whatever was necessary to defend the state and its interests by means that remained deeply secret and were unconstrained by law.24 That still remains the model for security and intelligence activity for many autocratic nations around the world. Often called value ethics, this tradition emphasizes the moral excellence that comes from exercise of the classic virtues of good character such as courage and justice toward others. Parallels are drawn to derive jus ad intelligentiam and jus in intelligentio ethical concepts to govern the acquisition and use of secret intelligence. 14. Standardisation of reporting provides a shared confidence between law enforcement communities and partner agencies. About this book The skills and tools for collecting, verifying and correlating information from different types of systems is an essential skill when tracking down hackers. 2. 1 (January/February 8, 2002). It could be directed towards containing crime, to aid policy formulation and implementation, and monitoring the execution of government projects and programmes. 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. The Act also regulates the holding of bulk databases of personal information, and the use of network exploitation and hacking for intelligence gathering. But as a result of this plot, passengers worldwide were henceforth not allowed to take liquids of any sort with them. The data available on social media sites can be either open to the public (e.g., Public posts on Facebook or LinkedIn) or private. Michael Walzer, Just and Unjust Wars: A moral argument with Historical Illustrations (London: Penguin Books). 41. Lord (Jonathan) Evans, former Director General of MI5, risk can be managed and reduced but it cannot realistically be abolished, https://www.mi5.gov.uk/international-terrorism (accessed April 2, 2020). 4 (December 2006). 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. Democratic governments recognize their primary responsibility toward the safety and security of the publicand, to discharge this duty of care, need to know about those who pose a threat. An acronym I dreamt up in the bath at home formed from letters drawn from the phrase counterterrorism Strategy, when as U.K. Security and Intelligence Coordinator in the Cabinet Office I led the work constructing such a strategy. This research was undertaken over a twelve month period from April 1996 to April 1997. Invaluable lessons were learned that helped the response to the real attacks on the Underground that took place on 7 July 2005. A program of funded practical measures has to be devised to deliver any strategy. 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. Finding a cover prior to gathering the information. The problem facing governments is that terrorist groups will go to extreme lengths to prevent the authorities from penetrating their networks and accessing their secrets. For example, in the case of bulk access to communications data that the application of some filtering or other targeting or selection mechanism has an acceptable likelihood of pulling out for the analyst material that is relevant to an authorised intelligence requirement. In business intelligence, all the data generated by a company is parsed into reports, metrics, and trends that facilitate management decisions and allow for better . Implicit in this definition is the idea (perhaps the ideal) that business intelligence systems provide 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). Government examples include criminal records, passports and social security records, driving and vehicle licenses, voting and information gathered at the border. In addition, the Criminal Intelligence Service . People also read lists articles that other readers of this article have read. Following the Audit Commission's review of crime management 'Helping with Enquiries Tackling Crime Effectively', the Association of Chief Police Officers and Her Court of Justice of the European Union, Press Release no. 9. The index of risk can be taken to be the product of different factors: the likelihood of terrorist attack x the vulnerability of society to such attack x the severity of initial impact of an attack x the duration of the resulting disruption and dislocation before life can return to normal. The UDA made Nelson their intelligence officer and gave him the task of picking Catholic targets for murder. Audrey Kurth Cronin, How Terrorist Campaigns End, in Leaving Terrorism Behind, ed. 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