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

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

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

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

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

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

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

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

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

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

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

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

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

Explanation & Answer

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