ABSTRACTThis article argues that new forms of conducting military information activities using the Internet require renewed consideration of the ethical frameworks in which conduct of such activities can be grounded: frameworks that require these operations to be considered on their own terms rather than as a subset of wider categories. In this online context the article explores the interlinked areas of proportionality and privacy, delineations between combatant and non-combatant, and limits to acceptable deceptive practices. The article argues that the “soft” (...) effects that online information activities promise may reduce destruction and loss of life in the pursuit of military objectives. This context creates new reference points from which necessity and proportionality tests are conducted: tests that justify collection of online data to support online military information activities, and the conduct of the actual activities. The article outlines the possibility that such activities may facilitate potenti... (shrink)

Professor Shannon Vallor’s theoretical framework of technomoral virtue ethics identifies character traits that can be cultivated to foster a future worth wanting in an environment of emerging technologies. Such technologies and increased citizen participation in the new digital environment have reconfigured what is possible in policing and intelligence-gathering more quickly, perhaps, than sober and sensible policy reflection and formulation can keep pace with. Sensational and dramatic, seismic and devastating, the Snowden disclosures represent a particular expression of dissent against American intelligence (...) community exploitation of emerging technologies in undertaking mass surveillance on a global scale. Responses to Snowden’s actions, and perceptions of the value of the disclosures he made, are polarized. Polar opposites equate to vices in the Aristotlean view that posits virtue as the middle way. Here, the theoretical framework of technomoral virtue ethics is used for objective evaluation of Snowden’s asserted motivations and documented actions against the benchmark of good cyber-citizenship that the framework describes. The fact that Snowden’s account is strongly disputed by the U.S. Government does not in and of itself invalidate a theoretical evaluation. It is not the probative value of Snowden’s account that is being tested, but how the narrative presented measures up to an ethical framework. (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)