The Ethical Limits We Should Place on Intelligence Gathering as Part of an Integrated CT Strategy

Abstract

This chapter first describes the importance of secret intelligence in protecting the public from terrorist attacks. The use of intelligence in deriving the strategic aim of the integrated U.K. counter-terrorism strategy, CONTEST, and supporting its delivery is examined. 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. Parallels are drawn to derive jus ad intelligentiam and jus in intelligentio ethical concepts to govern the acquisition and use of secret intelligence. 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. Specific areas of counterterrorism work that nevertheless continue to raise significant ethical issues are identified.