One of the biggest challenges facing modern societies is how to monitor one’s intelligence community while maintaining the necessary level of secrecy. Indeed, while some secrecy is needed for mission success, too much has allowed significant abuse. Moreover, extending this secrecy to democratic oversight actors only creates another layer of unobserved actors and removes the public scrutiny that keeps their power and decision-making in check. This article will therefore argue for a new type of oversight through a specialised ethical whistleblowing (...) framework. This includes, first, outlining what intelligence wrongdoings justify whistleblowing; second, whether whistleblowing is the correct remedy – something not necessarily clear with intelligence; and finally, what form the whistleblowing should take. This framework will examine the Snowden case to determine whether he was correct leaking intelligence data and whether the means were appropriate, and second, whether those involved in the Central Intelligence... (shrink)

The surge in threats aided by or carried out through cyberspace has placed significant pressure on the intelligence community to adapt or leave itself open to attack. Indeed, many in both political and intelligence circles argue for access to ever greater amounts of cyber information in order to catch potential threats before they become real. By collecting all our digital information, the intelligence community argues that it is not only able to detail what people have done or are currently doing (...) but also predict what their next move might be. However, the ethical implications are unclear and the backlash following Edward Snowden’s revelations have shown that such activities are not without controversy. This leaves the debate stuck between the important, ethical role that intelligence can play and the potential for its unrestrained use to cause undue harm. This paper will resolve this by giving greater detail to cyber-intelligence practices, highlighting the different levels of harm that the various intelligence operations can cause. The essence of this paper is not that cyber-intelligence should be banned outright, but that it can be justified given the necessary circumstances. Therefore, the paper will develop a specialised set of Just Cyber-Intelligence Principles, built on the just war tradition, to outline if and when such activities are justified. (shrink)

Anonymising technologies are cyber-tools that protect people from online surveillance, hiding who they are, what information they have stored and what websites they are looking at. Whether it is anonymising online activity through ‘TOR’ and its onion routing, 256-bit encryption on communications sent or smart phone auto-deletes, the user’s identity and activity is protected from the watchful eyes of the intelligence community. This represents a clear challenge to intelligence actors as it prevents them access to information that many would argue (...) plays a vital part in locating and preventing threats from being realised. Moreover, such technology offers more than ordinary information protections as it erects ‘warrant-proof’ spaces, technological black boxes that no matter what some authority might deem as being legitimately searchable is protected to the extent that there are very limited or non-existent means of forcing oneself in. However, it will be argued here that not only is using such anonymising technology and its extra layer of protection people’s right, but that it is ethically mandatory. That is, due to the en masse surveillance—from both governments and corporations—coupled with people’s limited awareness and ability to comprehend such data collections, anonymising technology should be built into the fabric of cyberspace to provide a minimal set of protections over people’s information, and in doing so force the intelligence community to develop more targeted forms of data collection. (shrink)

The ethical value of intelligence lies in its crucial role in safeguarding individuals from harm by detecting, locating, and preventing threats. As part of this undertaking, intelligence can include protecting the economic well-being of the political community and its people. Intelligence, however, also entails causing people harm when it violates their vital interests through its operations. The challenge, therefore, is how to reconcile this tension, which Cécile Fabre's recent book Spying through a Glass Darkly does by arguing for the “ongoing (...) and preemptive imposition of defensive harm.” Fabre applies this underlying argument to the specifics of economic espionage to argue that while states, businesses, and individuals do have a general right over their information that prevents others from accessing it, such protections can be forfeited or overridden when there is a potential threat to the fundamental rights of third parties. This essay argues, however, that Fabre's discussion on economic espionage overlooks important additional proportionality and discrimination concerns that need to be accounted for. In addition to the privacy violations it causes, economic espionage can cause harms to people's other vital interests, including their physical and mental well-being and autonomy. Given the complex way in which the economy interlinks with people's lives and society, harms to one economic actor will have repercussions on those secondary economic entities dependent on them, such as workers, buyers, and investors. This, in turn, can produce further harms on other economic actors, causing damages to ripple outward across society. (shrink)

Torture-lite has been advanced as a new form of interrogation that raises the prospect of offering a more ethical way of colleting the intelligence needed to protect the state. However, this paper will argue that there can be no such thing as torture-lite as this misunderstands what interrogational torture is in the first place. Interrogational torture is a form of behavioural modification that relies on breaking the individual and conditioning their responses. Torture-lite would never be able to create the self-betraying (...) effect necessary for cases such as the ticking time bomb scenario without crossing over into the higher harms caused by full torture, and is unable to force the individual to provide the required information to serve as the good in the consequentialist argument. (shrink)

The ability of machines to make truly independent and autonomous decisions is a goal of many, not least of military leaders who wish to take the human out of the loop as much as possible, claiming that autonomous military weaponry—most notably drones—can make decisions more quickly and with greater accuracy. However, there is no clear understanding of how autonomous weapons should be conceptualized and of the implications that their “autonomous” nature has on them as ethical agents. It will be argued (...) that autonomous weapons are not full ethical agents due to the restrictions of their coding. However, the highly complex machine-learning nature gives the impression that they are making their own decisions and creates the illusion that their human operators are protected from the responsibility of the harm they cause. Therefore, it is important to distinguish between autonomous AI weapons and an AI with autonomy, a distinction that creates two different ethical problems for their use. For autonomous weapons, their limited agency combined with machine-learning means their human counterparts are still responsible for their actions while having no ability to control or intercede in the actual decisions made. If, on the other hand, an AI could reach the point of autonomy, the level of critical reflection would make its decisions unpredictable and dangerous in a weapon. (shrink)

In recent years the power and reach of prominent hacker groups such as Anonymous and LulzSec has been clearly demonstrated. However, in a world where hackers are able to wield significant online power, can they do so ethically as legitimate agents? To answer this question this paper will develop an ethical framework based on the premise that hackers have exhibited instances where they have acted to protect people from harm at a time when there was no one else to do (...) so. At its core this paper will argue that political hacking can be justified when it is done to protect the vital interests of oneself or others. Moreover, it will also argue that just because hackers are outside the state does not automatically discount them as ethical actors and that when the state fails to protect people – whether it is due to a lack of ability, political will or because the state is the source of the threat – hackers can fill the void. In order to achieve this, first it is necessary to highlight the space for hackers to operate; second, guide hacker activity by creating an ethical framework detailing what actions are justified towards what end; third, to offer mechanisms that can aid in reaching these ethically justified decisions; and as a result, inform further ethical debates on how to react to these political hackers. This means that the framework can be used to both justify and condemn hacking depending on the circumstances, allowing those on the outside to distil and evaluate a political hack, both past and present, while guiding hacker collectives by providing clearer ethical tools for determining the appropriate agendas and methods. (shrink)