Intelligence Challenges in the 21st Century: Ethical and Legal Limitations on the Intelligence Community

Intelligence Challenges in the 21st Century: Ethical and Legal Limitations on the Intelligence Community

Background
Intelligence Challenges in the 21st Century: Ethical and Legal Limitations on the Intelligence Community
Required Reading
Greenwald, G. (2013). XKeyscore: NSA tool collects ‘nearly everything a user does on the internet.’ The Guardian (U.K.), July 31, 2013. Retrieved from http://www.theguardian.com/world/2013/jul/31/nsa-top-secret-program-online-data

Hudson, W.E. (2010). The ethical spy: Towards intelligence community rules of professional conduct. Georgetown University Law Journal, 98, 1415-1439. Retrieved from http://georgetownlawjournal.org/files/pdf/98-5/Hudson.pdf

Nussbaum, B. (2007). Protecting global cities: New York, London, and the internationalization of municipal policing for counter terrorism. Global Crime, 8(3). Retrieved from http://www.tandfonline.com/doi/pdf/10.1080/17440570701507745

Steiner, J. (2009). Needed: State-level, integrated intelligence enterprises. Studies in Intelligence, 53(3). Retrieved from: https://www.cia.gov/library/center-for-the-study-of-intelligence/csi-publications/csi-studies/studies/vol.-53-no.-3/improving-homeland-security-at-the-state-level.html

U.S. Army (via Wikileaks) (2013). Collateral murder (video). Retrieved from http://youtu.be/5rXPrfnU3G0

U.S. Government (2004). Intelligence reform and terrorism prevention act of 2004. Retrieved from http://www.gpo.gov/fdsys/pkg/PLAW-108publ458/pdf/PLAW-108publ458.pdf

U.S. Senate (2004). Summary of intelligence reform and terrorism prevention act of 2004. Retrieved from http://www.fas.org/irp/congress/2004_rpt/s2845-summ.pdf

Required Websites
The NSA’s X-Keyscore program revealed by the U.K. Guardian: http://www.theguardian.com/world/interactive/2013/jul/31/nsa-xkeyscore-program-full-presentation

Principles of Professional Ethics for the Intelligence Community: http://www.dni.gov/index.php/intelligence-community/principles-of-professional-ethics

Case
Intelligence Challenges in the 21st Century: Ethical and Legal Limitations on the Intelligence Community
Assignment Overview
The Ethics of Intelligence Collection

There has been heavy criticism of the IC largely focused on domestic intelligence collection. In July 2013, the U.K. Guardian newspaper’s Glenn Greenwald showed a 2008 NSA PowerPoint presentation about the X-Keyscore program—which he published nearly in full—as proof that any NSA could easily query a massive NSA database that holds “nearly everything a user does on the Internet.” Sample searches include looking for Intel by email address, phone number, files looked at, search terms used, or even cookies on a person’s computer.

*A slide on “finding targets” suggests why a person might be in the NSA’s crosshairs: Someone “whose language is out of place for the region they are in,” “someone using encryption,” and “someone searching the web for suspicious stuff.” (The presentation again reinforces that anyone going to extreme measures to protect their privacy becomes a target, with use of encryption and VPN mentioned as reasons to seek information on someone.) The PowerPoint looks much like one worked up by a database vendor for a Big Data conference—but with much more references to jihad, Iraq and Osama Bin Laden. It claims “300 terrorists captured” based on Intel from the tool.

Most of this criticism has an ethical dimension contending that the Intelligence Community not only did something incorrectly, but also should have done better in some ethical sense.

*Greenwald, G. (2013). XKeyscore: NSA tool collects ‘nearly everything a user does on the internet.’ The Guardian (U.K.), July 31, 2013. Retrieved from http://www.theguardian.com/world/2013/jul/31/nsa-top-secret-program-online-data

Case Assignment
Review the Principles of Professional Ethics for the Intelligence Community.
Define a “Code of ethics” and the elements of an ethical dilemma.
Explain whether the Principles of Professional Ethics for the Intelligence Community is or is not a “Code of Ethics” as called for by Hudson (2010).
Explain whether you believe there is or is not a universal code of ethics among professional intelligence officers
Find a professional code of ethics from another profession (medical, nursing, law enforcement, military, legal, or a similar profession) and provide a link to the code.
Summarize the key points of the chosen code of ethics, including penalties for breaking the code (in 1 paragraph).
Compare what you believe is the most important aspect of the Principles of Professional Ethics for the Intelligence Community with your chosen code, and highlight any differences.
Properly cite your quotations that you use to support your statements.
Assignment Expectations
Assignments should be at least three pages double-spaced, not counting the cover or reference page. Paper format: (a) Cover page, (b) Header, (c) Body. Submit your assignment by the last day of this module.

Relevance—All content is connected to the question.
Precision—Specific question is addressed. Statements, facts, and statistics are specific and accurate.
Depth of discussion—Present and integrate points that lead to deeper issues.
Breadth—Multiple perspectives and references, multiple issues/factors considered.
Evidence—Points are well-supported with facts, statistics and references.
Logic—Presented discussion makes sense; conclusions are logically supported by premises, statements, or factual information.
Clarity—Writing is concise, understandable, and contains sufficient detail or examples.
Objectivity—Avoids use of first person and subjective bias.
References—Sources are listed at the end of the paper (APA style preferred).

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