In this open peer commentary, we categorize the possible “neuroscience in national security” definitions of misuse of science and identify which, if any, are uniquely presented by advances in neuroscience. To define misuse, we first define what we would consider appropriate use: the application of reasonably safe and effective technology, based on valid and reliable scientific research, to serve a legitimate end. This definition presents distinct opportunities for assessing misuse: misuse is the application of invalid or unreliable science, (...) or is the use of reliable scientific methods to serve illegitimate ends. Ultimately, we conclude that while national security is often a politicized issue, assessing the state of scientific progress should not be. (shrink)

This study aimed to identify the reality of digital transformation in the Palestinian Ministry of Interior and National Security from the point of view of workers in computer and information technology units. ) employees, and the study tool (the questionnaire) was distributed, and the comprehensive survey method was used, where (61) questionnaires were retrieved with a percentage of (87.1%), and they were unloaded and analyzed using the statistical packages SPSS. The study reached several results, including: The availability of (...) dimensions of digital transformation to a large extent in the Ministry of Interior, Security and National and its amount reached (77.5%). The average overall score for the senior management support dimension scored a large approval degree and a relative weight (78.2%), and The Dimension strategic directions it received a large approval degree and a relative weight (76.3%), The Dimension the technical infrastructure necessary for digital transformation achieved a large approval degree and a relative weight. (73.4%), The Dimension human resources, it scored a large approval degree and a relative weight (72.2%), The Dimension coordination, a large approval degree and a relative weight (82.7%), The Dimension data privacy and security, it scored a large approval degree and a relative weight (80.7%), The Dimension the organizational structure and job description, it received a high degree of approval and a relative weight of (79.3%).The study presented a set of recommendations, the most important of which are: the need for the ministry’s administration to provide a special budget to develop the quality of its electronic services as a lever for digital transformation, the need for the ministry’s administration to spend sufficient amounts on innovation in how to provide its services, for the ministry to have high-speed internet lines and its services available uninterrupted, the need to match the number of Employees in computer and information technology departments and units with the volume and quality of work to bridge the gap between the required performance and actual performance, that the ministry develop a clear methodology for exchanging data and information between the components of the ministry, work on providing information security elements for the uploaded data and files, that the ministry provide a clear and specific job description for the main tasks in Computer and information technology departments/units in the ministry. (shrink)

This study aimed to identify the digital transformation and its impact on the application of Cyber Security in the Palestinian Ministry of Interior and National Security. The study used the analytical descriptive approach. The study tool (questionnaire), and the comprehensive survey method was used, where (61) questionnaires were retrieved (87.1%), and they were unloaded and analyzed using the SPSS statistical package. The study found several results, including that there is a statistically significant correlation between all dimensions of (...) Digital transformation and the application of Cyber Security in the Ministry of Interior and National Security. And that there is an impact of Digital transformation on the application of security in the Ministry of Interior and National Security in the governorates of Gaza, and the impact coefficient was (0.897). It was found that the dimensions affecting the dependent variable of Cyber Security are dimensions (organizational structure, job description, data privacy and security, technical infrastructure required for digital transformation), as these dimensions affect (89.7%) of the variation in the application of Cyber Security. The study presented a set of recommendations, the most important of which are: The need for the Ministry's administration to provide a special budget to develop the quality of its electronic services as a lever for digital transformation. And the need for the number of workers in computer and information technology departments and units to be commensurate with the volume and quality of work to bridge the gap between the required performance and the actual performance. The ministry should set a clear methodology for exchanging data and information between the components of the ministry. And the need for the Ministry of Interior and National Security to use a protection network capable of detecting all threats. (shrink)

This study aimed to identify the extent of the application of Cyber Security at the Ministry of Interior and National Security from the point of view of workers in the computer and information technology units. 70 employees, and the study tool (questionnaire) was distributed, and the comprehensive survey method was used, as (61) questionnaires were retrieved at a rate of (87.1%), and they were unloaded and analyzed using the SPSS statistical package. The study reached several results, including: (...) There was a high degree of agreement on the degree of Cyber Security application, which amounted to (74.8%). With a relative weight of (74.8%), and The Dimension efforts to monitor threats, it received a high degree of approval and a relative weight of (73.4%). Privacy has a high degree of approval with a relative weight of (78.4%).The study presented a set of recommendations, the most important of which are: the need to pay attention to providing the Ministry of Interior and National Security with a budget in order to activate and improve the Cyber Security system, and the need for the Ministry of Interior and National Security to use a protection network capable of detecting all threats, and the cooperation of the Ministry of Interior and National Security with external institutions to limit penetration of network systems, In addition to the need to continuously strengthen and develop the laws and legislations of the Ministry of Interior in line with the development of Cyber Security, and to enhance the capabilities of the public beneficiaries of the ministry's electronic services to reduce security gaps in the field of Cyber Security. (shrink)

The security problems of Nigeria have continued to stare at her very ominously and intermittently harass her, both within and outside her shores. These have lingered on and have created a clog on the wheel of the country's progress, indeed dramatically stagnating, and to say the least, truncating the mainstay of the country's survival. Several interpretations, theories, analyses, syntheses, and jingoistic conceptualization have been propagated, all producing the same result. From scientific to technological approach, religious to ritualist approach, political (...) to social approach, the security situation rather than improving, is static and under some regimes retarded. Academic contributions, especially ideas from the humanities and indeed the discipline of history are jettisoned, in fact, quickly dusted into the waste bin. The concern of this paper is to attempt a historical investigation of the security problems in Nigeria, identifying them to show how information and communication technology can help in curbing these challenges, using the realist paradigm as a theoretical framework. This study identifies Nigerians as the cause of her security problems, who rather than face these seismic challenges head-on, abandon them – a cowardly act, ending in futility and deeper chaos. This study adopts both primary and secondary sources of data collection. It is hoped that if academic exercises are not mere, this input may create a turnaround in the security situation in Nigeria. (shrink)

This paper critically engages Philip Mirowki's essay, "The scientific dimensions of social knowledge and their distant echoes in 20th-century American philosophy of science." It argues that although the cold war context of anti-democratic elitism best suited for making decisions about engaging in nuclear war may seem to be politically and ideologically motivated, in fact we need to carefully consider the arguments underlying the new rational choice based political philosophies of the post-WWII era typified by Arrow's impossibility theorem. A distrust of (...) democratic decision-making principles may be developed by social scientists whose leanings may be toward the left or right side of the spectrum of political practices. (shrink)

This paper sets out to demystify the nature of Nollywood movies existing in diversity and to propose new dimensions for using film to achieve behaviour change and a dependable national security in Nigeria. The paper views national security as the art of ensuring national safety of the government. Nollywood has naturally diversified along ethnic dimensions including the Hausa movies (Kannywood) in the North, the Yoruba movies in the West and the Ibo movies in the Eastern (...) part of the Nigeria. Others include the Akwa-Cross movies from the Southern part and the Tiv movies from the Middle Belt region of Nigeria. The paper adopts observation and analytical research methods depending on secondary sources. The paper finds out and concludes that Nollywood’s diversity is an opportunity to ameliorate some security challenges of the country and recommends the use of behaviour change focused themes which should be featured by Nollywood movie producers in Nigerian films produced along cultural, ethnic and regional boundaries. (shrink)

In contemporary academic, political, and media discourse, terrorism is typically portrayed as an existential threat to lives and states, a threat driven by religious extremists who seek the destruction of Western civilization and who are immune to reason and negotiation. In many countries, including the US, the UK, and Australia, this existential threat narrative of terrorism has been used to justify sweeping counterterrorism legislation, as well as military operations and even the use of tactics such as torture and indefinite detention. (...) In this chapter I outline the components of the existential threat narrative, and explain how critical terrorism scholars have critiqued this narrative on two main grounds: that it is based on false empirical claims about the nature, scale, and motivations of modern non-state terrorism, and that counterterrorism policies and practices based on this narrative have had extremely destructive consequences for individuals, communities, and states—in some cases, causing far more destruction than terrorism itself. In the final section I offer some suggestions for the direction of future terrorism research in light of these critiques of the existential threat narrative. (shrink)

This article addresses a few moments in the evolution of human security law in Iraq, focusing in particular on the Coalition Provisional Authority, the new Iraqi Constitution, Iraqi High Tribunal (successor to the Iraqi Special Tribunal), and the International Criminal Court. It synthesizes the results of some existing research on ongoing impunity for certain crimes against political candidates, journalists, anti-corruption activists, and ethnic and religious minorities, a situation which may have tainted Iraq’s transition to a more democratic republic, while (...) aggravating other conflicts, such as those in Syria. In theory, the institutions of human and national security can help reconcile peoples whose tenuous unity had been shattered in wartime. The sometimes competing priorities and policies of Iraqi politicians, civil society groups, and judges resulted in swift justice for Iraqi officials responsible for mass killings involving Shi’a Arab, Kurdish, and other victims, but a lack of justice for other segments of the population. The emphasis of some claims of injury over others may have "reenchanted" some sectors of Iraqi society with the state and its institutions, while alienating others and contributing to ruptures in the social fabric. The Coalition Provisional Authority, Iraqi leaders, and international community ensured that the high-profile proceedings against former regime officials would not be accompanied or followed by others that some Iraqis might perceive as being as pressing as those of the Iraqi High Tribunal, relating to the impact of sanctions and aerial bombardment, the legality of Iraq's occupation, torture, etc. (shrink)

This paper discusses how the general and abstract concept of legitimacy applies to international institutions, using the United Nations Security Council as an example. We argue that the evaluation of the Security Council’s legitimacy requires considering three significant and interrelated aspects: its purpose, competences, and procedural standards. We consider two possible interpretations of the Security Council’s purpose: on the one hand, maintaining peace and security, and, on the other, ensuring broader respect for human rights. Both of (...) these purposes are minimally morally acceptable for legitimacy. Second, we distinguish between three different competences of the UNSC: 1) the decision-making competence, 2) the quasi-legislative competence, and 3) the referral competence. On this basis, we argue that different procedural standards are required to legitimise these competences, which leads to a more differentiated understanding of the Security Council’s legitimacy. While maintaining that the membership structure of the Council is a severe problem for its legitimacy, we suggest other procedural standards that can help to improve its overall legitimacy, which include broad transparency, deliberation, and the revisability of the very terms of accountability themselves. (shrink)

National security is one of the most critical elements for Vietnam society, economy and political system, their stability, sustainability and prosperity. It is unconditionally the top priority for Vietnamese government, State, Communist Party and military forces. In the contemporary world with advanced technology and rapid globalization process taking place, beside many extant economic, social and political benefits there are many appearing challenges and threats that could endanger and destabilize the current socio-economic and political system of any country, including (...) Vietnam. The security issues and concerns understood by those challenges and threats are posed for the international and national community, both from outside and from within. The national security issues and concerns should be constantly screened and updated as the world is evolving at unprecedented pace, with particular exposure to the rising, but not yet fully identified, unconventional challenges and threats that have never seen before. The article is using empirical analysis and case study as methodology for carrying out research, treating security and military science as interdisciplinary, but two of the branches of social science. The aim of this article is to focus on internal instability as challenging security issue that could pose a real threat and danger to the current socio-economic and political system and based on that to draw some implications and propose some viable solutions for the Vietnamese authority to guard the safety and security of the people, society and also its political existence. (shrink)

Atomic energy developed from 1940 as a subject shrouded in secrecy. Identified successively as a crucial element in military strategy, national status and export aspirations, the research and development of atomic piles (nuclear chain-reactors) were nurtured at isolated installations. Like monastic orders, new national laboratories managed their specialist workers in occupational environments that were simultaneously cosseted and constrained, defining regional variants of a new state-managed discipline: reactor technology. This paper discusses the significance of security in defining the (...) new subject in the USA, UK and Canada – wartime allies with similar political traditions but distinct trajectories in this field during the Cold War. The intellectual borders and content of the subject developed differently in each country, shaped under the umbrella of secrecy by disparate clusters of expertise, industrial traditions, and national goals. The nascent cadre was contained until the mid 1950s by classified publications and state-sponsored specialist courses. The early context of high security filtered its members and capped enduringly both their professional aspirations and public engagement. (shrink)

The historic end of the Cold War and the rising tide of globalization have significantly changed the nature of threats and security discourses in Asia. There is a notable shift of attention from military power as the core determinant of national security to several non-traditional sectors with a much enhanced role of economic, political, and societal forces. Non-traditional security issues—such as climate change, natural disasters, transnational crimes, and terrorism—require both policymakers and military strategists to deal with (...) security threats in a more comprehensive manner. Increasing interdependence among states also magnifies the impacts of these threats, urging Asian countries to forge regional cooperation in multilateral forums such as ASEAN, EAS, APEC, and ARF. Though these efforts are commendable, their effectiveness in tackling such a wide canvass of threats is still open to question. (shrink)

In our study of U.S. counterterrorism programs, we found that anthropology needs a mode of analysis that considers security as a form distinct from insecurity, in order to capture the very heterogeneity of security objects, logics and forms of action. This article first presents a genealogy for the anthropology of security, and identifies four main approaches: violence and State terror; military, militarization, and militarism; para-state securitization; and what we submit as “security analytics.” Security analytics moves (...) away from studying security formations, and how much violence or insecurity they yield, to identifying security forms of action, whether or not they are part of the nation-state. As a framework for anthropological inquiry, it is oriented toward capturing how these forms of action work and what types of security they produce. We then illustrate this approach through our fieldwork on counterterrorism in the domains of law enforcement, biomedical research and federal-state counter extremism. In each of our cases, we use security analytics to arrive at a diagnosis of the form of action. The set of conceptual distinctions that we propose as an aid to approaching empirical situations and the study of security is, on another level, a proposal for an approach to anthropology today. We do not expect that the distinctions that aid us will suffice for every situation. Rather, we submit that this work presents a set of specific insights about contemporary U.S. security, and an example of a new approach to anthropological problems. (shrink)

Advances in AI are powering increasingly precise and widespread computational propaganda, posing serious threats to national security. The military and intelligence communities are starting to discuss ways to engage in this space, but the path forward is still unclear. These developments raise pressing ethical questions, about which existing ethics frameworks are silent. Understanding these challenges through the lens of “cognitive security,” we argue, offers a promising approach.

In the present article, attention is focused on the existing potential to ensure national self-sufficiency, the main challenges to its achievement and future prospects. According to the authors, transportation and communication system of the country can become the dominant model for self-sufficient development, due to its geostrategic location which allows it to be an advantageous bridge for goods, and passengers transit transportation between the states of Europe, Asia and the Middle East. To date, the transport and communication system is (...) hardly the only sector of national economy, which is capable to become the catalyst for socio-economic growth without significant investment, a tool to achieve self-sufficient and safe level of Ukraine's development. -/- У представленій статті акцентовано увагу на наявних потенційних можливостях забезпечення національної самодостатності, основні проблеми на шляху її досягнення і подальші перспективи. Домінантою моделі самодостатнього розвитку країни може стати транспортно-комунікативна система, яка в силу геостратегічного розташування дозволяє їй бути вигідним мостом для транзитних перевезень товарів і пасажирів між державами Європи, Азії і Близького Сходу. На сьогоднішній день транспортно-комунікативна система є чи не єдиним сектором національної господарської системи, який здатний без істотних капіталовкладень стати каталізатором соціально-економічного зростання, інструментом досягнення самодостатнього і безпечного рівня розвитку України. (shrink)

This paper discusses the relation between the human security paradigm and the cosmopolitan democracy scenario as models for humanizing and changing the current international system and transforming it in a global security and development system centered on the individual rather than on the nation state. The main idea for which I argue is that the human security paradigm and the changes it determined in international relations (especially through the responsibility to protect principle) are compatible with the cosmopolitan (...) democracy scenario for changing and transforming the current international system. (shrink)

The consciousness of social security comes to a man when he feels that he is getting his basic rights. Human Rights are related to those rights which are related to man’s life, freedom, equality and self-esteem, are established by Indian constitution or universal declaration of human rights and implemented by Indian judiciary system. In other words, “Human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, color, religion, language, (...) or any other status.”1 We are all equally entitled to our human rights without discrimination. But we when come the present conditions of Indian society, it is painful to say we find lots of discrimination and violations of human rights is a common problem. In this paper it is an attempt is made to describe that casteism cause social insecurity and is a form of violation of human rights. (shrink)

Climate change increasingly impacts the resilience of ecosystems and agricultural production. On the one hand, changing weather patterns negatively affect crop yields and thus global food security. Indeed, we live in an age where more than one billion people are going hungry, and this number is expected to rise as climate-induced change continues to displace communities and thus separate them from their means of food production (Internal Displacement Monitoring Centre 2015). In this context, if one accepts a humancentric ethic, (...) then the focus would be on addressing impacts to agricultural production, and thus food security (Borlaug 1997; Navin 2012). On the other hand, ecological resilience is also being impacted by climate change, as species go extinct or migrate due to fluctuating temperatures and shifting weather patterns. This reduction of resilience negatively impacts ecosystem services and the ability of the natural world to support life (Palmer and Larson 2014; Urban 2015). From an environmental holist perspective, then, one could argue that the ethical path would be to focus on reducing negative impacts to species and/or local ecosystems rather than increasing crop yields. Thus, there appears to be a tension between the prioritization of crop yields and the mitigation of ecosystem impacts. While this tension is well established in the agricultural literature (Kirschenmann 2010; Noll 2018), climatezas lochange exacerbates the situation, as agricultural lands are stressed and climate-induced migrations increase already high demands for foodstuffs, thus bringing the conflict to the forefront (Macdonald et al. 2015; Food and Agriculture Organization of the United Nations 2017a). (shrink)

The main purpose of the study is to determine the key aspects of the mechanisms of state management of the exchange of information about cyberattacks, cyber incidents, and information security incidents. The methodology includes a set of theoretical methods. Modern government, on the one hand, must take into account the emergence of such a new weapon as cyber, which can break various information systems, can be used in hybrid wars, influence political events, pose a threat to the national (...) security of any state. As a result of the study, key elements of the mechanisms of state management of the exchange of information about cyberattacks, cyber incidents, and information security incidents were identified. (shrink)

This special issue of Science and Engineering Ethics is devoted to the ethical, societal and political implications of new and emerging technologies in the area of Human Security. Its aim is to address the wider implications of an altered security landscape. Specifically, and in accordance with SEE’s main area of interest, contributions to this special issue focus on those ethical considerations warranted by scientific and technological advances in the field of human security. This includes, but is not (...) restricted to, issues of privacy and data protection, control, trust, surveillance, authority, and freedom. Papers consider some of the ethical and societal challenges related to new and emerging technologies in the context of the Human Security Doctrine (HSD), as it has been initially formulated by the United Nations Commission on Human Security (UNCHS 2003). The HSD argues for a paradigm shift from understanding security based on tangible assets (e.g., national borders, goo .. (shrink)

From year to year some of us, people of planet Earth, Earthlings, attacks intensify on the veto right in the UN Security Council. They consciously or unconsciously ignore its metaphisical, ontological and existential statuses established in 1945 by the founders of the United Nations as a result of the multimillion sacrificial struggle of all Humanity against nazism. Perhaps this is due to a misunderstanding of the metaphysics of international relations, the enduring existential significance of the veto for the viability (...) of the entire UN system in the nuclear-ecological information era, or because of the veiled, formal-procedural veto status enshrined in the UN Charter. The authors of the attacks substantiate their conclusions by the "non-democracy", "ineffectiveness" of the UN Security Council, "unfair privileges" of the five permanent members of the Security Council ("P1945"), a significant increase in the number of UN member states after 1945, the fate of the League of Nations, "geopolitical realities". According to the attackers, the veto in the UN Security Council makes the decision-making process "unequal and abortive", which does not contribute to maintaining peace and preventing civil wars, genocide, violation of human rights and aggression in international relations. Some politicians and experts propose not only to limit the veto right of the five permanent members of the UN Security Council, but to completely deprive them of this right, which, as we know, are nuclear powers and bear the main responsibility for international security, the preservation of peace and life itself on planet Earth. Taking into account 75-years experience in the use of the veto right in the UN Security Council, with the aim of strengthening the historical, metaphysical, existential and procedural-legal significance of the veto right, its fundamental role in resolving the most complex international problems in the context of the constantly increasing threats and risks of our times during the reform of the UN Security Council with the increased number of members of the Security Council, the UN Charter must establish two essential levels of the veto right: 1. Absolute (unconditional, eternal) veto — "VETO1945": 2. Conditional (limited) veto. (shrink)

David Rodin denies that defensive wars against unjust aggression can be justified if the unjust aggression limits itself, for example, to the annexation of territory, the robbery of resources or the restriction of political freedom, but would endanger the lives, bodily integrity or freedom from slavery of the citizens only if the unjustly attacked state actually resisted the aggression. I will argue that Rodin's position is not correct. First, Rodin's comments on the necessity condition and its relation to an alleged (...) "duty to retreat" misinterpret the law, and a correct interpretation of the law is not only compatible with, but implies a permission to resist the "bloodless invader," and this is also the correct view from the perspective of morality. Second, Rodin's remarks on the proportionality of self-defense against conditional threats focus on physical or material harm but implausibly ignore the severity of the violations of autonomy and of the socio-legal or moral order that such conditional threats involve. Third, I will address Rodin's claim that defensive wars against "political aggression" are disproportionate because they risk the lives of those defended in an attempt to secure lesser interests. I will argue that this take on proportionality misses the point in an important respect, namely by confusing wide and narrow proportionality, and makes unwarranted assumptions about the alleged irrationality or impermissibility of incurring or imposing lethal risks to safeguard less vital interests. Next, I will also show that while Rodin talks of a "myth of national self-defense" and of the necessity of moving beyond traditional just war theory and international law, it is actually his interpretation of just war theory and international law that weaves myths. Finally, I will argue that Rodin's views on national self-defense on the one hand, and "war as law enforcement" on the other, are incoherent. (shrink)

Development of ideas on UN reform presented in the essay "United Humanity: from "UN 2.0" to "UN 3.0" The conceptual model of the United Nations for the XXI century" (2017).

Cambodians are still vulnerable. To reverse those conditions, National Social Protection Strategy (N.S.P.S) was developed for the poor and vulnerable people to promote their livelihoods. Royal Government of Cambodia (R.G.C) has paid attention to social assistance. In strategic plans, highlights on strengthening, and collectively developing social security, consistent and effective. With these issues, the government establishes a national social protection policy framework to help all people in particular poor and vulnerable people (M.o.E.F, 2017, p.1). The research aims (...) at reviewing the institutional capacity of government institutions in charge of the National Social Protection Framework (N.S.P.P.F) toward its goal achievement The Department for International Development (D.E.F.I.D) capacity approach is proposed as a framework for this institution of government toward its goal achievement. The D.E.F.I.D (2003) cited in Kay amp Franks (2003) identifies the approach for assessing capacities in three-level. The strengths and the weakness of the seven points were identified. Those included an Overview of N.S.P.P.F, financial resources, relationship with others, policies and systems, strategies, structures, and technical skills and competencies. It was concluded that budget limitations and lack of data and guidelines for implementing the frameworks were limited. Recommendations were identification of People with Disability (P.W.D) data, people close to the poverty line, the inclusion of P.W.D, increase in budget, and budget decentralization. (shrink)

This paper explores the question of whether the United Nations should engage in preventive military actions. Correlatively, it asks whether UN preventive military actions could satisfy just war principles. Rather than from the standpoint of the individual nation state, the ethics of preventive war is discussed from the standpoint of the UN. For the sake of brevity, only the legitimate authority, just cause, last resort, and proportionality principles are considered. Since there has been disagreement about the specific content of these (...) principles, a third question also is explored: How should they be formulated? Moreover, these questions are addressed in the context of a particular issue: the goals of the non-proliferation and the abolition of weapons of mass destruction. (shrink)

The authors of the scientific monograph have come to the conclusion that ensuring sustainable development and security of economic systems in the new geostrategic realities requires the use of mechanisms for state protection of national economic interests, innovative outsourcing and digital technologies, and environmental protection. Basic research focuses on assessment the economic security of insurance companies, logistics processes, farms, healthcare organisations, retail and e-commerce, and tourist destinations. The research results have been implemented in the different decision-making models (...) in the new geostrategic realities, human resource management, environmental and international security, use of artificial intelligence, and city branding. The results of the study can be used in the developing policies, programmes and strategies for public-private partnerships, post-crisis recovery of Ukraine, and decision-making at the level of ministries and agencies that regulate the processes of managing sustainable development and security. The results can also be used by students and young scientists in the educational process and conducting scientific research on sustainable development and security of economic systems. (shrink)

In this chapter, we examine the key moral issues for the intelligence community with regard to the use of robots for intelligence collection. First, we survey the diverse range of spy robots that currently exist or are emerging, and examine their value for national security. This includes describing a number of plausible scenarios in which they have been (or could be) used, including: surveillance, attack, sentry, information collection, delivery, extraction, detention, interrogation and as Trojan horses. Second, we examine (...) several areas in which spy robots present serious ethical and legal challenges. We conclude by examining some moral concerns with shifting from intelligence collection to action, as enabled by robotics technology. (shrink)

Australia is a leading AI nation with strong allies and partnerships. Australia has prioritised the development of robotics, AI, and autonomous systems to develop sovereign capability for the military. Australia commits to Article 36 reviews of all new means and method of warfare to ensure weapons and weapons systems are operated within acceptable systems of control. Additionally, Australia has undergone significant reviews of the risks of AI to human rights and within intelligence organisations and has committed to producing ethics guidelines (...) and frameworks in Security and Defence. Australia is committed to OECD’s values-based principles for the responsible stewardship of trustworthy AI as well as adopting a set of National AI ethics principles. While Australia has not adopted an AI governance framework specifically for Defence; Defence Science has published ‘A Method for Ethical AI in Defence’ (MEAID) technical report which includes a framework and pragmatic tools for managing ethical and legal risks for military applications of AI. (shrink)

The conceptual model of United Nations reform - "UN 3.0" includes the General Program of Action on UN Reform, consisting of two stages. The first stage for 2020-2025 envisages the transformation of the main organs of the UN - the General Assembly and the Security Council with measures to improve the effectiveness of the management system, address the "veto problem", problem of financing, improve staff work and administrative and financial control, strengthen UN media, improvement of work with the global (...) civil society. The General Assembly is converted into the General All-Parliamentary Assembly of the UN. In the structure of the Assembly, the Council for Law is being established, which coordinates the activities of UN structures in the field of law. To coordinate the activities of the UN in the field of human rights and civil society, ethical issues, the General all-parliamentary Assembly creates the Council on ethics, human rights and civil society and transforms the Committee on information into the Council on public information and communication with civil society. The structure of the Council includes all UN media. The reform of the UN Security Council is carried out in three sub-stages. At the 1st sub-stage (2020-2021) the Security Council is transformed into the Council of Existential Security (CES). The membership of the CES is increased to 25 member countries, of which five countries have the right of the unconditional (absolute, eternal) veto: Great Britain, France, China, Russian Federation, USA. The General All-Parliamentary Assembly elects 15 new permanent members of the Council of Existential Security with the right of the conditional (limited) veto: Argentina, Australia, Brazil, Canada, Egypt, Germany, India, Indonesia, Italy, Mexico, South Africa, Nigeria, Pakistan , Turkey, Japan (if they fulfill the mandatory restrictive conditions). At this sub-stage, the CES elects also five non-permanent members with the right of a conditional (limited) veto when they meet the mandatory restrictive conditions, with a rotation period of 2 years from geographical regions (or regional unions): Africa, Latin America and the Caribbean, Asia and the Pacific Ocean (2 places), Eastern Europe. On the second sub-stage (2022-2023), subject to the effective activity of the CES of the enlarged composition and compliance with mandatory restrictive conditions, new permanent members of the "Existential Security Council" are elected with the right of a conditional (limited) veto: Iran, Spain, Poland, Saudi Arabia. Members of the CES may be regional unions, whose member countries are not represented in the CES, but still have one vote with the right of a conditional (limited) veto. -/- Two essential levels of the veto: 1. Unconditional (absolute, eternal) veto is the historical right of veto of the five permanent members of the Council of Existential Security - Great Britain, China, Russia, USA, France; 2. Сonditional (limited) veto is the veto of other permanent and non-permanent members of the Council of Existential Security. The right of veto is a unique international school for the achievement of consensus, a school of high democracy for Humanity, a reliable guarantee of the viability of the UN structure. The Council for Existential Security centralises the management of the UN subsidiary bodies with the expansion of their security functions: the Military Staff Committee, the Counter-Terrorism Committee, the Committee for the Prevention of the Spread of Nuclear, Chemical and Biological Weapons, the Sanctions Committees and other committees. On the basis of the decision of the Council of Existential Security, the General All-Parliamentary Assembly creates permanent contingents of UN peacekeeping and counter-terrorism forces. In addition, two Centers are being created in the structure of the Council for Existential Security: the World Center for the Elimination of the Effects of Technogenic and Natural Disasters with branches on all continents and the World Center for the Analysis of Existential Risks and the Overall Security Strategy. The Center is developing the Programs of research and monitoring of global existential threats and risks. In order to increase the level of legitimacy and authority of the Secretary General of the United Nations, the Rules of procedure for elections to this post are changing. Each member country of the Council for Existential Security represents one of the most authoritative candidates for election to the post of Secretary General at the session of the General All-Parliamentary Assembly, with the possibility of nominating candidates from other countries, including those not members of the Council for Existential Security. Elections are held in two rounds during one day of the session of the Assembly. The Legal Committee of the UN General Assembly is developing a Program for the Reform of the Judicial System of the United Nations, which takes into account the proposals of the previous international discussion and determines the scope and terms of the reform of the courts. In accordance with the Program of Action on UN Reform for 2020-2025, reforms are under way in the structure of the Economic and Social Council. The central task of the reform is to strengthen the coordinating role of ECOSOC in the entire system of UN-related specialized agencies, funds and programs related to the Council. The key task of the UN reform is the solution of the financing problem. A unified "UN Open Budget "Solidarity XXI" is being created, including the financing of peacekeeping operations and other expenses. Each country, a member of the United Nations, lists in an established period, once a year, an Existential contribution - the Earth Tax. The Earth Tax for each UN member state is established on the basis of four scales of calculation: Scale I - for 5 permanent members of the Council of Existential Security, who have the right of absolute (absolute) veto; Scale II - for the permanent members of the SEB, who have the right to a conditional (limited) veto; Scale III - for non-permanent members of the SEB, who have the right to a conditional (limited) veto; Scale IV - for all other UN member countries. The program of action on UN reform includes a set of measures to ensure transparent work of the International Civil Service Commission with the involvement of the UN media. To strengthen control functions in the sphere of personnel policy, administrative and financial management, the General All-Parliamentary Assembly of the United Nations establishes the Permanent Commission on Ethics and Administrative and Financial Control. All members of the Commission, members of the Committees and auditors are independent in their activities from the leadership of the United Nations, its funds and programs. The General All-Parliamentary Assembly completes the first stage of the Program of Action on UN Reform in 2025 and, following an open discussion, introduces a single language of international communication - Esperanto and approves it as the official language of the United Nations. With a view to more effective work of the central UN governing bodies in the face of increasing existential threats and risks, reducing the current expenses for the maintenance of the central bodies of the UN, the Council for Existential Security and the General All-Parliamentary Assembly decide on the relocation of the UN headquarters to Iceland. The UN building complex in New York is transferred to preferential use of non-governmental organizations, which contribute to the implementation of the goals of the United Nations. At the second stage of the UN reform in the period 2026-2028, additional necessary transformations are being made in the UN system. At the end of the first stage of the reform, taking into account the reforms carried out by the main organs of the United Nations and the internal improvement of the work of all its structures, the United Nations Program of Action for the years 2026-2028 is being developed. (shrink)

This doctoral thesis examines the phenomenon of Filipinization, specifically understood as the ideological construction of a “Filipino identity” or ‘Filipino subject-consciousness” within the highly determinate context provided by the Filipino ilustrado nationalists such as José Rizal, Marcelo H. del Pilar and their fellow propagandists inasmuch as it leads to the nineteenth (19th) century construction of the modern Philippine nation. Utilizing Jacques Derrida’s deconstructive thinking, this study undertakes a genealogical critique engaged on the concrete historical examination of what is meant by (...) the term “Filipino” across a select historical timeline (1864-1898) and the various notions of Filipino identity implied by the different contexts within which the term “Filipino” has been employed. More specifically, it undertakes a selective philosophical excavation of three seminal texts in the history of Filipinization, viz.: 1) the Manifiesto of Padre Jose Burgos; 2) the writings of the Filipino ilustrados in La Solidaridad; and 3) Jose Rizal’s Annotations on Dr. Antonio de Morga’s Sucesos de las Islas Filipinas. -/- The philosophical claim of this work is the idea that Filipinization, taken as the differential construction of Filipino identity, is the effective translation of the colonial epistemic violence of Eurocentric racism and its consequent “horror of absolutism” into the homo-hegemony of Filipino nationalisms. By fetishizing the notion of a carefully constructed and essential “Filipino-identity,” Filipinization and the current nationalist discourses that utilize them, unwittingly, stands complicit with the same colonial violence and hegemony that they wish to combat. This happens precisely when the very structures of colonial oppression, on the ideological and practical levels, are transmogrified into nationalist ideals that assume legal and political power unto themselves in a self-referential and self-legitimating fashion. -/- Three processes will demonstrate the above thesis: first, by examining historical texts and setting itself against established nationalist historiographies, a genealogical analysis of the term “Filipino” reveals it as a pliable signifier whose semantics have evolved through time. From its originary referent in the Spanish criollo (creole), it has come to refer to people who would have been otherwise entirely alien to this class, viz., the mestizos (both Spanish and Chinese), the principalia (native elite), and eventually, the lowland Catholicized natives themselves. The historical hermeneutic of this identity-discourse in Padre José Burgos’ Manifiesto yields the fact that what gives the term “Filipino” its semantic consistency as a class concept is its essential constitution as a Hispanic and Catholic identity. -/- Second, from this semantic identification of the term “Filipino” as a Hispano-Catholic identity, we proceed to clarify the meaning of Filipinization in terms of the nationalist propaganda carried out by the Filipino ilustrados in the fortnightly periodical La Solidaridad. Here, the specific ilustrado construction of Filipino identity as a Spanish citizen (ciudadano Español) is revealed precisely as a political and legal construct that served as the basis for their own politics of social inclusion/exclusion. Filipinization can only be applied to those who have been hispanized and Christianized and never to those tribes who have resisted and remained outside Spanish colonial authority. Filipinization is thus revealed as a process of Hispanization and Christianization whereby the recipients of Spanish colonial hegemony are transformed into the religiously docile bodies of the Spanish Empire. -/- From this highly determinate context, the study proceeds to examine Rizal’s ontological grounding of collective Filipino-ness in the mythological construction of the pre-hispanic past as the source of a unique Filipino ancestrality. In his work on de Morga’s Sucesos, what is revealed is a mythologization that grounds a native, essential Filipino identity within a past unscathed by the Spanish colonial experience. Such mythologization, however, can only be possible through an anachronistic nationalist interpretation of historical data. Here, Filipinization is revealed as an exclusive prerogative, a nationalist program by which Rizal and the ilustrado class can combat the evils and excesses of the Spanish colonial enterprise. Ironically, though, this same struggle for emancipation also became an instrument by which the ilustrado class can retain their unjustified position of power over those who belonged to the colonial underside, thus, securing the possibility of perpetuating their own ilustrado bourgeois class interests. -/- Such discursive complicity is the essence of the myth of Filipinization: it presents nationalist identity discourse as an anti-colonial enterprise while being underlined by an economy of motives designed to cater primarily to the exclusive interests of the elite and ilustrado class. Thus, instead of securing the genuine, inclusive emancipation of all colonial subjects and a more humane existence for the poor and suffering majority, ilustrado nationalism has, ironically, merely reinforced those operative structures of colonial discrimination and oppression when the ilustrados: 1) grounded their racial theory upon the very same discourse of Eurocentric superiority that they are precisely supposed to question and 2) claimed a patrimony over Filipinas as their exclusive sovereign inheritance. These two factors illustrate how the manifest transfer of power from the Spanish Empire to the Philippine sovereign nation (and later as a nation-state) illustrate how Filipinization merely has transmogrified the face of Spanish colonialism into its new, subtle, and worse form in Filipino nationalism. -/- In this vein, the existence of the 19th century modern Philippine nation merely masked and deferred the crisis that was supposed to transfer power from the Spanish Empire to the multitude of the poor and suffering native indio majority. This crisis became all the more difficult to address be-cause of the duplicitous character of the discourse of Filipinization itself. It has not only effectively transferred power into the hands of the nationalist elite but also captured authentic emancipatory discourse within the identity-trap against which it can only hope to get out. This study concludes with the claim about the impossibility of ever escaping and overcoming the epistemic and practical violence necessarily contained within the historical discourse of colonialism. Or simply, we have no language or discourse that would enable us to overcome the complicity of Filipinization with the very (epistemic) violence against which it has set itself. (shrink)

Development of ideas on UN reform presented in the essay "United Humanity: from "UN 2.0" to "UN 3.0" The conceptual model of the United Nations for the XXI century" (2017).

Right from traditional African philosophy, down to its modern and contemporary era, there has been a strong link between African philos ophy and language, underlined by the principle of complementarity. This is not disconnec ted with Placid Tempels’ employment of force to explain being, and Alexis Kagame’s NTU, as the underlying principle of reality. Pantaleon Iroegbu explained being as belon gingness. In the thoughts of Innocent Asouzu, Ibuanyidanda, was used to explain the compl ementary nature of reality. In the face (...) of ever growing complexities, African philosop hers have continued to employ African categories for the search for solutions to African problems. At a time like ours when many African governments have failed in national develop ment, especially in their ability to improve the social welfare of her people through th e provision of social amenities like quality education, portable water, transportation, good roads, good medical amenities, security of lives and property, basic infrastructur e, etc., this work employs Igwebuike philosophy, another African category, as a framewor k for Africa’s development. It develops a model of development which is inclusive and wholistic, and traces Africa’s problem of underdevelopment to the employment of no n-inclusive political and economic institutions. For the purpose of this research, the hermeneutic and Wholistic indigenous method of inquiry was employed. (shrink)

National security is one of the most critical elements for Vietnam society, economy and political system, their stability, sustainability and prosperity. It is unconditionally the top priority for Vietnamese government, State, Communist Party and military forces. The article proposes a new research approach treating security and military science as interdisciplinary, but two of the branches of social science. Using empirical analysis and case study as research methods, the article is focused on internal instability as challenging security (...) issue that could pose a real threat and danger to the current socio-economic and political system. Based on the obtained research results we can draw some implications and propose some viable solutions for the Vietnamese authority to guard the safety and security of the people, society and also its political existence. (shrink)

Burgeoning national security programs; thickening borders; Wikileaks and Anonymous; immigrant rights rallies; Occupy movements; student protests; neoliberal austerity; global financial crises – these developments underscore how much the fable of a hope-filled post-cold war globalization has faded. In its place looms the prospect of states and corporations transforming a permanent war on terror into a permanent war on society. How, at this juncture, might policymakers and power-holders in leading states and corporations of the Global North be reframing their (...) pursuit of power and control? What possibilities and limits do activists and communities face for progressive, radical political action to counter this power inside and outside the state? The book, a dialogue, links Gramscian and Benjaminian thought in an in-depth consideration of the prospects for a progressive, radical politics that is situated at the juncture of Socialism and Anarchism and which uses evasion against statist capitalism to create new forms of, what is termed, re-collective passage. (April 2016 Routledge, Interventions series). (shrink)

The military-industrial complex, military operations, and wars are major contributors to exacerbating both climate change and biodiversity crises. However, their environmental impacts are often shadowed due to national security reasons. The current paper aims to go through the devastating impacts of military operations and wars on climate change and biodiversity loss and challenges that hinder the inclusion of military-related activities into environmental crisis mitigation efforts. The information blind spot induced by concerns about national security reasons jeopardizes (...) the efforts to involve the military-industrial complex and military operations in the global climate and biodiversity agendas. Besides that, many military-related challenges, such as specificity of operational requirements and lifecycles, dependence on fossil fuels, complex supply change, inadequate civilian technologies and innovations, and requirements of structural changes, can hinder emission reduction. Meanwhile, wars and conflicts not only threaten to drain all human and material resources available to tackle environmental problems but also inflict long-lasting destructions, pains, and trauma that can lead to hatred and distrust among nations and parties. With the rising hatred and distrust, global agreement and commitment to address climate change and biodiversity will hardly be achieved. Thus, promoting peace is the humanistic and planetary conscience. (shrink)

The suite of secretive national security programs initiated in the US since 9/11 has created debate not only about the merits of targeted killing, torture, secret detention, cyberwar, global signals intercepts, and data-mining, but about the very secrecy in which these programs were conceived, debated by government officials, and implemented. Law must be revealed to those who are expected to comply with its demands. Law is a mere pretext for coercion if the laws permitting the government to coerce (...) people for non-compliance are concealed. The purpose of this essay is to determine whether inhabitants of a liberal state—a type of state tracing the legitimacy of its coercive actions to the consent of the governed—also need to know the internal protocols and legal findings of the government agencies ostensibly serving them. To put this question another way, what, if anything, may government agencies in liberal states keep secret? (shrink)

This article advances a critical analysis of John Rawls’s justification of liberal democratic nuclear deterrence in the post-Cold War era as found in The Law of Peoples. Rawls’s justification overlooked how nuclear-armed liberal democracies are ensnared in two intransigent ethical dilemmas: one in which the mandate to secure liberal constitutionalism requires both the preservation and violation of important constitutional provisions in domestic affairs, and the other in which this same mandate requires both the preservation and violation of the liberal commitment (...) to international legal arrangements and to the rule of law generally. On this view, the choice to violate constitutional provisions and international legal arrangements is evidence of nuclear despotism. Moreover, this choice does not imply that the ethical foreign policy dilemmas were resolved. Instead, it implies that the dilemmas force liberal democratic governments into implementing ethically paradoxical policy outcomes. (shrink)

The term ‘intelligence’ as used in this paper refers to items of knowledge collected for the sake of assessing and maintaining national security. The intelligence community (IC) of the United States (US) is a community of organizations that collaborate in collecting and processing intelligence for the US. The IC relies on human-machine-based analytic strategies that 1) access and integrate vast amounts of information from disparate sources, 2) continuously process this information, so that, 3) a maximally comprehensive understanding of (...) world actors and their behaviors can be developed and updated. Herein we describe an approach to utilizing outcomes-based learning (OBL) to support these efforts that is based on an ontology of the cognitive processes performed by intelligence analysts. Of particular importance to the Cognitive Process Ontology is the class Representation that is Warranted. Such a representation is descriptive in nature and deserving of trust in its veridicality. The latter is because a Representation that is Warranted is always produced by a process that was vetted (or successfully designed) to reliably produce veridical representations. As such, Representations that are Warranted are what in other contexts we might refer to as ‘items of knowledge’. (shrink)

This article articulates a framework for normatively assessing influence operations, undertaken by national security institutions. Section I categorizes the vast field of possible types of influence operations according to the communication’s content, its attribution, the rights of the target audience, the communication’s purpose, and its secondary effects. Section II populates these categories with historical examples and section III evaluates these cases with a moral framework. I argue that deceptive or manipulative communications directed at non-liable audiences are presumptively immoral (...) and illegitimate for liberal states, as are deceptive operations aimed at an unjust end, or even operations aimed at a just end where secondary effects are forecast to be disproportionate to the proximate end. (shrink)

Are democratic states permitted to denationalize citizens, in particular those whom they believe pose dangers to the physical safety of others? In this article, I argue that they are not. The power to denationalize citizens—that is, to revoke citizenship—is one that many states have historically claimed for themselves, but which has largely been in disuse in the last several decades. Recent terrorist events have, however, prompted scholars and political actors to reconsider the role that denationalization can and perhaps should play (...) in democratic states, in particular with respect to its role in protecting national security and in supporting the global fight against terror more generally. In this article, my objective is to show that denationalization laws have no place in democratic states. To understand why, I propose examining the foundations of the right of citizenship, which lie, I shall argue, in the very strong interests that individuals have in security of residence. I use this formulation of the right to respond to two broad clusters of arguments: (1) those that claim that it is justifiable to denationalize citizens who threaten to undermine the safety of citizens in a democratic state or the ability of a democratic state to function as a democratic state, and (2) those that claim that it is justifiable to denationalize dual citizens because they possess citizenship status in a second country that is also able to protect their rights. (shrink)

This paper studies the issue of financing the Space Industry at the State Level in the Postwar period as part of the country’s recovery plan, as one of the foremost critical zones of technological development and to ensure space security and defence. The European Space Agency (ESA) is, identified as the main player in the European space sector. It is determined that the current structure of ESA – Space 4.0 – provides for the success of European space activities in (...) close coordination with the needs of European societies and economies. Despite all the prospects, offered by the Space Industry, a number of barriers can hinder full participation in the space economy. These ‘barriers’ include the requirement of large capital investments, technological risk and longer de-velopment times. Public-private partnerships have been, identified, as an effective way to overcome these barriers, so the government should play an important role in pro-moting innovation through the space sector. The war in Ukraine, which began on Feb-ruary 24, 2022, once again, reminds us of the unique value, and critical use of outer space for security and defence purposes. From intelligence gathering and monitoring to the availability of communications. It is determined that the war already has serious consequences for the European space sector. The Space Industry of Ukraine is a critical component of the national economy of Ukraine because it is the motor of numerous imaginative changes in other segments of the economy and contributes to the improve-ment of social, political, financial and natural circles of society. In Ukraine, there's an incessant disappointment in the State to fulfil its commitments to the ventures in the Space Industry. In the conditions of full-scale, ‘war’ the Space Industry isa key element of national security and defence of Ukraine. The financing of the Space Industry at the State level in the post-war period is crucial as part of the country’s recovery plan. (shrink)

Some proponents of global justice question that opening borders is an effective strategy to alleviate global poverty and reduce inequalities between countries. This article goes a step further and asks whether an open borders policy is compatible with the objectives of global distributive justice. The latter, it will be argued, entails the ordering of needs, the assignment of priorities and the preference or subordination of some interests over others. In other words, global justice requires the establishment of conditions and restrictions (...) on mobility. On the contrary, open borders claim an unrestricted and unconditional (not unqualified) freedom of movement, limited only by public health considerations, serious threats to national security or democratic institutions, but not by an aspiration for maximizing global redistributive utility. The main point is that not only would freedom of movement be instrumentalized, losing its presumptive moral force, but ultimately open borders as a remedy of global justice are an oxymoron. The article concludes with an alternative defence of freedom of international movement. (shrink)

Bulk collection involves the mining of large data sets containing personal data, often for a security purpose. In 2013, Edward Snowden exposed large scale bulk collection on the part of the US National Security Agency as part of a secret counter-terrorism effort. This effort has mainly been criticised for its invasion of privacy. I argue that the right moral argument against it is not so much to do with intrusion, as ineffectiveness for its official purpose and the (...) lack of oversight by security cleared legislators. It also lends itself to government "domination" (in Pettit's sense) of those who are subject to it. (shrink)

This essay from 1999, republished in Notre Dame Magazine online in July 2023, explores how the 1950s were a time of fundamental transformations in American society, a time when the United States went fully megatechnic. The hugely increased power of military, corporate-industrial and “big science” institutions developed during the 1950s signaled the transformation to megatechnic America, with atomic bombs and nuclear testing, automobiles and televisions as key symbols of that transformation. Figures such as J. Robert Oppenheimer and Edward Teller illustrated (...) the battle between national security dictates controlling nuclear bomb testing and responsible science. -/- Since the Second World War the United States has been problematically guided by a power-oriented culture, which, in the names of national security and convenience, has tended to reshape America toward an increasingly hierarchical model of society based on the system requirements of a machine. This same era gave birth to a generalized economic prosperity in the United States, to the civil rights movement, to feminism, literary and artistic innovations, and to other openings of public equality and freedom. Yet the magnification of bureaucratic-corporate structures in that postwar, cold war prosperity has ultimately tended to restructure America against the basic requirements of democratic community. (shrink)

Disputes at the intersection of national security, surveillance, civil liberties, and transparency are nothing new, but they have become a particularly prominent part of public discourse in the years since the attacks on the World Trade Center in September 2001. This is in part due to the dramatic nature of those attacks, in part based on significant legal developments after the attacks (classifying persons as “enemy combatants” outside the scope of traditional Geneva protections, legal memos by White House (...) counsel providing rationale for torture, the USA Patriot Act), and in part because of the rapid development of communications and computing technologies that enable both greater connectivity among people and the greater ability to collect information about those connections. -/- One important way in which these questions intersect is in the controversy surrounding bulk collection of telephone metadata by the U.S. National Security Agency. The bulk metadata program (the “metadata program” or “program”) involved court orders under section 215 of the USA Patriot Act requiring telecommunications companies to provide records about all calls the companies handled and the creation of database that the NSA could search. The program was revealed to the general public in June 2013 as part of the large document leak by Edward Snowden, a former contractor for the NSA. -/- A fair amount has been written about section 215 and the bulk metadata program. Much of the commentary has focused on three discrete issues. First is whether the program is legal; that is, does the program comport with the language of the statute and is it consistent with Fourth Amendment protections against unreasonable searches and seizures? Second is whether the program infringes privacy rights; that is, does bulk metadata collection diminish individual privacy in a way that rises to the level that it infringes persons’ rights to privacy? Third is whether the secrecy of the program is inconsistent with democratic accountability. After all, people in the general public only became aware of the metadata program via the Snowden leaks; absent those leaks, there would have not likely been the sort of political backlash and investigation necessary to provide some kind of accountability. -/- In this chapter I argue that we need to look at these not as discrete questions, but as intersecting ones. The metadata program is not simply a legal problem (though it is one); it is not simply a privacy problem (though it is one); and it is not simply a secrecy problem (though it is one). Instead, the importance of the metadata program is the way in which these problems intersect and reinforce one another. Specifically, I will argue that the intersection of the questions undermines the value of rights, and that this is a deeper and more far-reaching moral problem than each of the component questions. (shrink)

In earlier work, I have expressed scepticism about privacy-based criticisms of bulk collection for counter-terrorism ( Sorell 2018 ). But even if these criticisms are accepted, is bulk collection nonetheless legitimate on balance – because of its operational utility for the security services, and the overriding importance of the purposes that the security services serve? David Anderson’s report of the Bulk Powers review in the United Kingdom suggests as much, provided bulk collection complies with strong legal safeguards ( (...) Anderson 2016 ). I think it is hard to mount a uniformly compelling operational utility argument, because purposes other than counter-terrorism are pursued by the security services with the help of bulk collection. For example, the Intelligence Services Act 1994, section 1(2) says that apart from the interests of national security and the prevention and detection of serious crime, the Secret Intelligence Service may act “in the interests of the economic well-being of the United Kingdom.”The phrase “interests of the economic well-being of the United Kingdom” is opento a disturbingly wide range of interpretations, and it is doubtful that these interests justify bulk collection even when relevant “economic interests” are confined to those “also relevant to the interests of national security”, as required by the Investigatory Powers Act (2016) section 204 (3a). (shrink)

This paper examines the tensions at play in three important documents involved in the ‘war on terror’: the “Application of Treaties” White House Legal Counsel Memo of 2001, the “National Security Strategy” document of 2002, and the 2004 Supreme Court decision Hamdi v. Rumsfeld. Reading these documents, it becomes clear that there is an overarching misunderstanding and confusion of the traditionally separate concepts of ‘criminal’ and ‘enemy’ in the struggle against globalized terrorism.

In discussions of state surveillance, the values of privacy and security are often set against one another, and people often ask whether privacy is more important than national security.2 I will argue that in one sense privacy is more important than national security. Just what more important means is its own question, though, so I will be more precise. I will argue that national security rationales cannot by themselves justify some kinds of encroachments (...) on individual privacy (including some kinds that the United States has conducted). Specifically, I turn my attention to a recent, well publicized, and recently amended statute (section 215 of the USA Patriot Act3), a surveillance program based on that statute (the National Security Agency’s bulk metadata collection program), and a recent change to that statute that addresses some of the public controversy surrounding the surveillance program (the USA Freedom Act).4 That process (a statute enabling surveillance, a program abiding by that statute, a public controversy, and a change in the law) looks like a paradigm case of law working as it should; but I am not so sure. While the program was plausibly legal, I will argue that it was morally and legally unjustifiable. Specifically, I will argue that the interpretations of section 215 that supported the program violate what Jeremy Waldron calls “legal archetypes,”5 and that changes to the law illustrate one of the central features of legal archetypes and violation of legal archetypes. The paper proceeds as follows: I begin in Part 1 by setting out what I call the “basic argument” in favor of surveillance programs. This is strictly a moral argument about the conditions under which surveillance in the service of national security can be justified. In Part 2, I turn to section 215 and the bulk metadata surveillance program based on that section. I will argue that the program was plausibly legal, though based on an aggressive, envelope-pushing interpretation of the statute. I conclude Part 2 by describing the USA Freedom Act, which amends section 215 in important ways. In Part 3, I change tack. Rather than offering an argument for the conditions under which surveillance is justified (as in Part 1), I use the discussion of the legal interpretations underlying the metadata program to describe a key ambiguity in the basic argument, and to explain a distinct concern in the program. Specifically that it undermines a legal archetype. Moreover, while the USA Freedom Act does not violate legal archetypes, and hence meets a condition for justifiability, it helps illustrate why the bulk metadata program did violate archetypes. (shrink)