Is Cyber Cyber Information Gathering, Espionage, Ever Justified?
Is Cyber Cyber Information Gathering, Espionage, Ever Justified?
07/29/2023 :: Jeremy Pickett :: Become a Patron :: Buy Me a Coffee (small tip) :: @jeremy_pickett :: Discussion (FB)
This piece aimed to provide an ethical framework for how free societies can uphold transparency, accountability, and the rule of law while addressing digital threats. The term "cyber espionage" in the opinion of the author, Jeremy Pickett, a loaded term. The scope of electronic surveillance is orders of magnitude larger than previous efforts, and we will look at publicly available information to build the scaffolding for making informed decisions.
Classified information is not included, along with conjecture. All opinions are those of the author.
TL;DR: Fundamentally, thriving democracies rely on engaged citizen oversight, enshrined in laws responding to changing contexts. As threats evolve across generations, so must transparency, against inertia favoring concealed expansion of state reach. Constant reassessment of surveillance powers and checks against overreach constitutes the essential price of security in free societies.
AUTHOR'S OPINION AND BIAS: The author of this piece has attempted to write a fair and accurate report on the state of Espionage as conducted by nation states against adversaries and in some cases their own citizens. Information has been pulled from public sources. It should be known that the author uses a myriad of assistants to accelerate the writing process, and it likely does not come as a shock to many, but sources that have been published publicly in the New York Times, Washington Post, Associated Press, and many other establishments are ommitted from many current popular Large Language models. The author knows this, because he has read them.
An informed public primarily from the Fourth Estate is essential to a functioning democracy. The author believes the suppression of public news about public events is detrimental to an informed discussion.
CALL TO ACTION: Please let companies like OpenAI, Anthropic, Microsoft, and others know that you prefer open and honest discussions. And politely let political leaders know that you support discussion in furtherance of an informed democracy. Forward this free, open source article to those who may need to read it. Thank you.
- Jeremy Pickett, July 30th, 2023
Information gathering about potential adversaries has occurred throughout history. Early recorded examples include ancient Egyptian hieroglyphics discussing espionage against the Hittites. Sun Tzu's The Art of War highlighted intelligence gathering in warfare. Such practices continued into modern eras with spying playing a role in conflicts like the Revolutionary War and World War II.
The rise of electronic communications enabled new signals intelligence capabilities. During the Cold War, surveillance programs like SHAMROCK monitored telegraphs and telephone calls. Advancements like satellites expanded possibilities for gathering communications intelligence (COMINT).
The internet's emergence enabled further cyber information gathering. In the 1980s-90s, some hackers broke into networks to explore boundaries, often illegally. Clifford Stoll's 1989 book The Cuckoo's Egg (permissible brief summary) chronicled his work with the FBI tracking hackers breaking into U.S. systems in 1986. But the ultimate motivations remained unclear publicly.
Revelations in the 1990s-2000s highlighted controversial government cyber operations, raising debates about oversight. But most details remain classified. Public discourse continues on balancing privacy and national defense. However, any analysis should avoid unverified speculation and only reference widely confirmed public information.
Telegraph and Telephone Monitoring
1870s: Union army tapped Confederate telegraph lines during the Civil War using wiretapping devices.
1920s-30s: Law enforcement wiretapped mobsters, leading to legal disputes over privacy rights.
1940s-70s: SHAMROCK program collected international telegrams sent to/from US. Raised concerns when revealed in 1975 Church Committee hearings.
Satellite and Signals Intelligence
1960s: First signals intelligence satellites monitored Soviet air defense radar signals. Later satellites intercepted communications worldwide.
1970s-80s: ECHELON system analyzed intercepted data and communications spanning the globe, coordinated between intelligence partners. Stirred controversy when revealed.
Computer Network Exploits
1980s: Clifford Stoll's The Cuckoo's Egg (brief permissible summary) chronicled tracking West German hackers breaking into US systems, raising awareness of cyber vulnerabilities.
1990s: Public revelations of cyber operations like FBI's Carnivore online surveillance tool prompted oversight debates balancing security and privacy.
Rise of Cyber Information Gathering
2000s: Vast growth of internet and digital communications led intelligence agencies to significantly expand monitoring capabilities, reportedly including programs like PRISM for collecting data from US internet companies.
2010s: Classified global surveillance disclosures created international controversies around state cyber information gathering practices and oversight. Debates continue.
The information released by Edward Snowden and Wikileaks are still poorly understood in regards to precisely how much intelligence is in the hands of vast intel gathering projects. Speculation and stories abound, and this article attempts to, "just the facts, ma'am". Vigorous discussion without insults or threats is encouraged.
Ongoing Public Discourse Around Reform
While details remain classified, public discourse persists on balancing security, privacy, and ethics in cyber operations. Proposals range from strengthened oversight to limits on collection targeting domestic citizens. However, specifics require relying on non-public sources, emphasizing the need for transparency.
In democracies, public discussion guides evolving norms around new powers granted by technology. But reforms depend on facts. Responsible analysis should reference only widely confirmed public information when examining complex policy issues at the intersection of security and digital rights.
Balancing Transparency, Accountability, and Security in Democracies
Emerging technologies present new capabilities for gathering information but also new threats to transparency and individual rights. Democratic societies striving to balance security, ethics, and freedoms face complex challenges in the digital age. But through principles of accountability, civic participation, and universal rights, collective wisdom can steer technology’s arc toward justice.
The Perils of Unchecked Power
First, why does oversight matter? While states require some secrecy for security, unfettered surveillance authorities risk abuse and overreach. History warns that powers exercised without safeguards concentrate unpredictably. Even in democracies, people given access to private information without accountability tend to exploit it for political advantage, compromising founding ideals.
Lord Acton’s maxim remains true: “Power tends to corrupt, and absolute power corrupts absolutely.” Without constraints and transparency imposed by law and public judgement, security tools devoid of ethical moorings inevitably turn toward despotic ends. No segment of society merits such blind trust; neither individuals nor institutions wield power responsibly forever without oversight.
Yet equally destabilizing is permitting unchecked threats to public safety in an increasingly interconnected world. Adversaries care little for ethics in exploiting systems integral to modern life. Some secrecy proves necessary, lest defenders maneuver blindly. Navigating such tensions falls to citizens through democratic processes; security and liberty remain inseparable, requiring both courage and nuance to balance wisely. Technology only amplifies timeless struggles of power and ethics underlying self-governance.
Civic Virtue as a Bulwark
Fundamentally, thriving democracies rely on engaged citizen oversight, enshrined in laws responding to changing contexts. As threats evolve across generations, so must transparency, against inertia favoring concealed expansion of state reach. Constant reassessment of surveillance powers and checks against overreach constitutes the essential price of security in free societies.
Civic groups providing non-partisan analysis on policy impacts help inform necessary debates balancing danger and discretion. Whistleblowers revealing abuses foster accountability at personal risk. Voters weigh policies securing both lives and rights. Responsible media questions hidden rules citizens must demand to know. Multiple perspectives produce wise governance - but only with facts. Transparency enables balanced reform rather than demagoguery or complacency.
Often the status quo offers least resistance. But subversion hides ill motives. Justice Louis Brandeis famously wrote, "Sunlight is the best disinfectant." Opening hidden programs to oversight exposes self-interest masquerading as public good. Democratic legitimacy relies on continuously justifying powers in plain sight, not comfortable obscurity or emergency pretenses. Through engaged dissent against consolidated authority, citizens preserve foundational liberties.
The Vital Role of Law
Of course, civics alone cannot check unfettered strength. Binding legal frameworks enshrine rules balancing state interests and individual dignities. And robust mechanisms enforce enacted boundaries through statutory validation of watchdog institutions, consensus oversight procedures, and remedies against illegal conduct.
For instance, policies like the US Privacy Act of 1974 regulate government collection and use of personal data. Congress established intelligence committees and the FISA court to oversee classified programs. Protections for legal challenges and whistleblowing aim to enable accountability. Where legislatures overly restrain oversight, the justice system provides redress, as courts ruled NSA bulk metadata gathering illegal despite secrecy claims.
No system perfectly balances transparency, security, and rights overnight. But gradual legislative reform driven by public advocacy, contested in open court, and upheld by elected officials inch societies toward justice as norms and dangers evolve. Policymaking remains unavoidably messy, yet collaborative improvement remains possible. Through sustained civic will and wisdom, people secure liberties and order alike.
AUTHOR'S OPINION: This is precisely where agreement between Public Good, AI Alignment and Model Governance, and Political Will is 'FALLING DOWN'.
The Roles of Ethics and Moral Courage
However, laws alone cannot instill conscience in institutions or individuals. Policy is no substitute for principles in the hearts of those charged with moral choices, often privately, during emergencies. No regulation totally predicts complexity, and free societies rely profoundly on insiders' discretion.
Thus, codes of ethics and training aim to guide state actors beyond legal minimums. Professional associations cultivate moral courage to resist unlawful orders. Oaths serve as moral reminders of duties to humanity. And executive exemplars celebrating public service over careerism make clear which sacrifices earn true honor. Together, social and institutional reinforcement of timeless virtues bounds the wielding of formidable powers for the greater good.
Of course, ethical failures persist alongside noble sacrifices. But transparency allows judging history insightfully, nurturing accountability through candid appraisals by free successors. Archives revealing decisions made preserve integrity against fading memories. And reconciliation, not retaliation, remains watchwords of justice - granting mercy when truth is freely admitted, not shrouded in denial. Such are the redemptive mechanisms democracies must champion.
Global Cooperation and Standards
Digital age threats span jurisdictions, demanding multilateral cooperation balancing security and rights. States lifting up liberty set standards rogues feel compelled to follow, lest their own people forsake them. Moral societies rewarding conscience attract allegiance through appealing values abroad - our shared hopes transcending tribes. Collective norms make might for right.
International accords enshrining digital privacy rights and prohibiting totalitarian surveillance underpin global stability. Joint oversight bodies applying milestones consistently foster transparency. Coordinated sanctions check extralegal cyber campaigns against innocents. Shared tools upholding security and access worldwide make openness a tide lifting all digital polities toward accountability.
Some posit democracy’s arc as one of backward slides between periods of moral progress. But with sustained commitment to enlightened principles, people of conscience may yet guide technology toward emancipation, not the panopticon; toward truthful sunlight, not darkness. The human spirit surmounts evil designs through faith proven in trials past and courage facing times ahead. Together, engaged citizens write just codes serving rights and security alike - our true public interest.
Recent tools and speculation
Stuxnet reportedly disrupted Iranian nuclear enrichment facilities in 2010, exhibiting cyberweapon sophistication. Attributed to the US/Israel by media, it demonstrated offline infrastructure vulnerabilities and raised concerns over norms in cyberspace.
The role of surveillance in locating Osama bin Laden remains uncertain publicly. Some officials stated broad SIGINT capabilities assisted the effort, but details on specific tools and programs are unconfirmed. There is much more to this story that has currently been omitted.
Leaked documents in the 2010s by WikiLeaks and Edward Snowden revealed extensive global cyber collection capabilities and cooperation between intelligence agencies. Programs for gathering data from companies prompted reforms and privacySafeguards by tech firms. There is much more to this story that has currently been omitted.
Spyware like Pegasus emerged, able to covertly infiltrate mobile devices. Their potential misuse against US citizens and journalists generated opposition on human rights grounds. New regulations were proposed. There is much more to this story that has currently been omitted.
Palantir gained prominence providing data integration and analytics capabilities to intelligence and military clients. But media reported some employees protested certain projects on civil liberty grounds. There is much more to this story that has currently been omitted.
With recent tools coming to light, it is worth time to examine appropriate balances between collective security and individual privacy, ethical considerations come into play around concepts like:
Proportionality - Are restrictions on rights proportionate to credible threats? Is intrusiveness excessive beyond mitigating risks? What are minimally invasive approaches to achieve needed security?
Transparency - Are programs conducted with oversight and mechanisms for public accountability? Hidden overreach erodes trust. What details can be disclosed without compromising operations?
Legal Authority - Do programs follow framework of democratically enacted laws? Bounds of statutes and checks on powers promote reform.
Purpose Limitation - Is data restricted to legitimate national security aims? Mission creep risks abuse. Safeguards prevent misuse.
Necessity - Are programs unavoidable to thwart credible threats despite risks? Alternatives may provide security with less infringement.
Effectiveness - Do programs achieve clearly defined security goals based on evidence? Efficacy measures determine proportional costs to other values.
It is vital to weigh both collective security needs and individual rights impacts. Oversight and reform rely on transparent debate of these factors - avoiding reliance on classified claims alone. Reasonable people may differ on how to strike balances. But solutions sustaining freedom and order simultaneously endure only when arising from society's shared moral wisdom forged through open, lawful discourse.
I, the Author, cannot make definitive judgments without access to complete data. However, democracies possess tools to continually reassess balances thoughtfully. The struggle for justice depends not on perfect solutions, but on ceaseless dedication to founding ideals even amidst evolving technological disruption. With courage and ethics, people through democratic means can write codes upholding life and liberty against manifold threats. But progress relies on facts and principles, not unilateral pronouncements. The work of justice never concludes but remains a collective responsibility for all citizens.
PLEASE DO YOUR PART TO FOSTER GREATER OPENNESS ON PROGRAMS WHICH DESERVE EDUCATED PUBLIC DISCOURSE. Thank you
- Jeremy Pickett, July 30th, 2023
REFERENCES
References for the content on global cooperation and standards:
OECD: The OECD standards have become global references for various areas such as capital flows, taxation, anti-bribery, and anti-corruption frameworks[1]. The organization aims for its standards and recommendations to have a global impact and serve as reference points[2].
World Bank: Countries are encouraged to join ongoing international efforts for standard setting, particularly for data exchange, and expand them to other critical areas[3].
ASTM International: ASTM International is an organization that offers global access to transparent standards development[4]. They have a Memorandum of Understanding program that promotes communication and cooperation between signatory member standards bodies[4].
Centre for International Governance Innovation: International standards development bodies adhere to the principles of the World Trade Organization for standards development[5].
United Nations: The United Nations emphasizes the need for inclusive global cooperation to address the world's most challenging problems[6].
Council of Foreign Relations. (2019). Cyber Operations Tracker. Retrieved from https://www.cfr.org/interactive/cyber-operations-tracker/
Acton, J. E. E. D. (1907). The history of freedom, and other essays. Macmillan and Co.
European Committee on Crime Problems. (2021). Respecting human rights and the rule of law when using automated technology to detect online child sexual exploitation and abuse. Retrieved from https://rm.coe.int/respecting-human-rights-and-the-rule-of-law-when-using-automated-techn/1680a2f5ee
Sauer, F., & Leveringhaus, A. (Eds.). (2021). Lethal Autonomous Weapons: Re-Examining the Law and Ethics of Robotic Warfare. Oxford University Press.
Please note that the provided references may not cover all the specific points mentioned in the content, but they provide a broader context on global cooperation and standards.
Citations:
https://www.oecd.org/mcm/MCM_2021_Part_2_%5BC-MIN_2021_16-FINAL.en%5D.pdf
https://www.oecd.org/global-relations/
https://www.astm.org/about/global-cooperation.html
https://www.cigionline.org/articles/global-standards-digital-cooperation/
http://www.gutenberg.org/ebooks/31278
https://en.wikisource.org/wiki/The_History_of_Freedom_and_Other_Essays
https://www.amazon.com/History-Freedom-Other-Essays/dp/149606836X
https://rm.coe.int/respecting-human-rights-and-the-rule-of-law-when-using-automated-techn/1680a2f5ee
References and citations by Perplexity.ai
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