Study the area where information-gathering takes place carefully: Open and closed streets, residents' customs, ways of dressing, and accent. Reference has already been made to the balancing acts which are needed to establish a way of reconciling conflicting principles. United Nations Security Council Resolution 1373, adopted unanimously on 28 September 2001. condemnation of 9/11. Ronen Bergman, Rise and Kill First: The Secret History of Israels Targeted Assassinations (New York: Random House, 2018). Based on strategic assessments of targets and problems, it aims to Intelligence in today's policing environment must adapt to the new realities presented by terrorism and conventional crimes. The definition of competitive intelligence (CI) or competitor intelligence is the process in which a company gathers and analyzes information about its industry, business environment, competitors, and products with the goal of directing their future strategy. 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). intelligence gathering. Register a free Taylor & Francis Online account today to boost your research and gain these benefits: The Ethical Limits We Should Place on Intelligence Gathering as Part of an Integrated CT Strategy, War Studies Department, Kings College London, UK. But as a result of this plot, passengers worldwide were henceforth not allowed to take liquids of any sort with them. Civil liberties organizations have raised legal challenges to much of modern digital intelligence.25 The European Court of Justice, for example, has in a 2016 judgment questioned whether ordinary crime poses a sufficiently grave threat to society to justify the use by law enforcement of bulk digital access to citizen data to help deal with it, an ethical as well as legal issue discussed below.26, At the heart of consequentialist moral thinking is that there should be a relationship of proportionality between the ethical risk associated with the means authorized and the severity of the threat that it is hoped to avert. Real-world Market Intelligence Examples. 20. This book explores Open Source Intelligence Gathering (OSINT) inside out from multiple perspectives, including those of hackers and seasoned intelligence experts. A much more integrated counter-terrorist effort is then needed, involving an all-of-nation effort, under the unifying banner of a national counter-terrorism strategy. The CONTEST strategy used the risk equation, well known in insurance circle, to link the different ways in which government can act to reduce the risk to the public from terrorism. It collects its own intelligence in connection with its mandate to fight particular crimes. Director. 5. 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. 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. Some agencies do indeed carry out covert action, which confuses the ethical issues, but this a separable and subsidiary function" (Herman, 2004, p. 180). 4 (December 2006). The root of the ethical problem over the collection of intelligence lies in the need to overcome the determined will of the person with the secret not to allow it to be known. 13. The case of Brian Nelson, run as an agent by the British Army inside the Protestant terror organization, the Ulster Defense Association, (UDA) illustrates the dangers. Without it, we are vulnerable to serious harms. intelligence, security enforcement and protective security. A reasonable prospect of success in achieving the desired ends from the activity. Such a system ensures that there is an audit trail of who agreed to what. One of those murdered by the UDA was the solicitor Patrick Finucane, see Sir Desmond de Silva QC, The Report of the Patrick Finucane Review, presented to Parliament 12 December 2012. Proportionality of means in relation to the ends to be secured. There needs to be confidence that there is no reasonable alternative way to achieve the ends of the authorised mission at lesser ethical risk. An example of a security gap identified by secret intelligence was the discovery in 2006 of a U.K.-based terrorist group that had worked out how to smuggle liquid explosives onto aircraft to bring down multiple airliners over the Atlantic.17 The ingredients for the explosive were to have been hidden in intact soft drinks bottles and detonated by adapting a disposable camera. The gathering of information for intelligence purposes often comes from interviewing a variety of individuals. The U.K. experience is that carefully targeted digital intelligence generates pieces of the intelligence jigsaw, along with more traditional methods, to identify cyber harms and frustrate terrorist attacks. Contify is an artificial-intelligence-enabled, competitive, and market intelligence . 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. 17. [1] The circuit is completed when decision makers provide feedback and revised requirements. 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. 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. In the laws of war that emerged from the Just War tradition the military commander faces, on the one hand, legitimate military targets and on the other hand groups of people that require protection such as innocent civilians not participating on the side of the adversary or their surrendering soldiers. 6. Did you know that with a free Taylor & Francis Online account you can gain access to the following benefits? How to Fight Terrorism, Foreign Affairs 81, no. 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. Psychology of Intelligence Analysis By Richards J. Heuer, Jr. (1999) Author's Preface This volume pulls together and republishes, with some editing, updating, and additions, articles written during 1978-86 for internal use within the CIA Directorate of Intelligence. A liberal democracy can nevertheless use intelligence to support an integrated counter-terrorism strategy by managing those ethical risks within the rule of law, and by using independent Parliamentary and judicial oversight to give confidence to the public that whilst their security is being maintained, their civil rights are being adequately protected.2. 12. (London: Routledge, 2006), ch. 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. Running agents involves evident risks to them and to their families. 28. (PDF) The Who, What, and Why of Human Intelligence Gathering: Self-Reported Measures of Interrogation Methods The Who, What, and Why of Human Intelligence Gathering: Self-Reported Measures of. the threat gathering against us. Quite the reverse, they are essential supports to each other. The stages of the intelligence cycle include the issuance of requirements by decision makers, collection, processing, analysis, and publication (i.e., dissemination) of intelligence. Parallels are drawn to derive jus ad intelligentiam and jus in intelligentio ethical concepts to govern the acquisition and use of secret intelligence. 9. 8. In particular, three key interlinked intelligence failures have occurred at differ-ent levels. Court of Justice of the European Union, Press Release no. CONTEST: The United Kingdoms Counter-Terrorist Strategy, Cm 9608, London: HMSO, 2018. 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. At this point it would be wise therefore to turn to the second historical tradition, the deontological, in search of moral precepts to import into the fundamentally consequential moral code of the security and intelligence professional. The unease which the police feel about the drive towards intelligence-led policing is set out in a report on Merseyside Police (Barton & Evans, 2001). 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. Peter Neumann, Old and New Terrorism (London: Polity, 2009), ch. The issue becomes for a liberal democracy what license to operate should be given to their security and intelligence agencies and what activity do the citizens not want their intelligence officers to engage in, especially in pursuit of the goal of public security against terrorism? The policies should set boundaries for acceptable activity and help ease the public's fear of the Bureau's use of intelligence-gathering and surveillance, the collection of which is to make Portland a safer and more secure place to live. The company's situation undoubtedly will change based on those actions. 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). 7. 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. 12. 1 (January/February 8, 2002). 145/16 of December 21 2016, http://curia.europa.eu/jcms/upload/docs/application/pdf/2016-12/cp16014en.pdf. The first technique to use when information gathering is to surf the company website for information that could aid in an attack, such as software the company is using or email addresses and phone numbers of company employees that you could use in a social engineering attack. Try searching. 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. 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. For a detailed analysis of the legal context for CONTEST see Clive Walker, Terrorism and the Law (Oxford: Oxford University Press, 2011) for which the author was a consulting editor. Paul Wilkinson, Terrorism versus Democracy: The Liberal State Response, 2nd ed. Some, like suspects and captured prisoners, are individuals for whom the stakes. Responders include platform trust-and-safety teams . 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. Download. Intelligence Challenges: Collection, Analysis, and Coordination A review of the long history of Indian intelligence failures illustrates the need for major systemic reform to achieve effective future crisis management. This community includes all the institutions of the state (of which intelligence services are but one component) that collect, analyze, and distribute information to protect and promote national economic security, whether it be information on a new market for telephone. Kant argues that one can have moral worth (i.e., be a good person) only if one is motivated by morality. For the Just War philosophers in a world of warring Princes, only the sovereign was capable of giving right authority for war. In such circumstances the intelligence agency, and thus the state, risks becoming a party to collusion in serious criminality. intelligence gathering, how it has been justified by the 'ticking-bomb' scenario and why those justifications set dangerous precedents that undermine liberal values. For more information please visit our Permissions help page. David Omand, Securing the State (London: Hurst, 2010). See the U.K. police initiative Secured by Design, https://www.securedbydesign.com/accessed 1 April 2020 and for the US, Louise Comfort, Arjen Boin, and Chris Demchak (Eds. 16. Intelligence-gathering tools, techniques, and procedures have long existed and been used for offensive and defensive military and government operations [14]. Gathering intelligence on financial markets makes a vital contribution to that understanding. 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. The 2016 Act has enhanced public trust in the security and intelligence authorities, whilst the secret agencies and their law enforcement partners have been able to use these powers effectively. David Omand, Ethical Guidelines in Using Secret Intelligence, Cambridge Review of International Affairs 19, no. 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 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). 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