The ethical value of intelligence lies in its crucial role in safeguarding individuals from harm by detecting, locating, and preventing threats. As part of this undertaking, intelligence can include protecting the economic well-being of the political community and its people. Intelligence, however, also entails causing people harm when it violates their vital interests through its operations. The challenge, therefore, is how to reconcile this tension, which Cécile Fabre's recent book Spying through a Glass Darkly does by arguing for the “ongoing (...) and preemptive imposition of defensive harm.” Fabre applies this underlying argument to the specifics of economic espionage to argue that while states, businesses, and individuals do have a general right over their information that prevents others from accessing it, such protections can be forfeited or overridden when there is a potential threat to the fundamental rights of third parties. This essay argues, however, that Fabre's discussion on economic espionage overlooks important additional proportionality and discrimination concerns that need to be accounted for. In addition to the privacy violations it causes, economic espionage can cause harms to people's other vital interests, including their physical and mental well-being and autonomy. Given the complex way in which the economy interlinks with people's lives and society, harms to one economic actor will have repercussions on those secondary economic entities dependent on them, such as workers, buyers, and investors. This, in turn, can produce further harms on other economic actors, causing damages to ripple outward across society. (shrink)

This article challenges the orthodox view of international law, according to which states have no legal duty to cooperate. It argues for this legal duty in the context of COVID-19, based on the ethical principles of solidarity, stewardship, and subsidiarity. More specifically, the article argues that states have a legal duty to cooperate during a pandemic (as solidarity requires); and while this duty entails an extraterritorial responsibility to care for and assist other nations (as stewardship requires), the legal duty to (...) cooperate still allows states to attend first to the basic needs of those under their own jurisdiction—namely, fellow nationals and residents (as subsidiarity requires). The article provides a definition and philosophical justifications for this legal duty that are lacking in the literature by examining its application to a current COVID-19 controversy: namely, states’ responsibility to assist other countries in greater need by, inter alia, exporting at a discount or donating scarce COVID-19 treatments (including vaccines). In providing a principled tripartite account of pandemic governance, this conceptual and normative article offers a new lens for debating the potential international treaty for pandemic prevention, preparedness, and response that has now been drafted and is under negotiation at the World Health Assembly, by responding to the recent backlash against multilateralism by substantiating global co-responsibilities in times of pandemics and beyond. (shrink)

This essay starts by accepting Cécile Fabre's argument in her book Spying through a Glass Darkly that intelligence work, including using incentives and pressures to encourage betrayal and treason, can be morally justified based on the criteria of necessity, effectiveness, and proportionality. However, while assessments of spying tend to be based on Cold War notions, I explore it here in the messier reality of counterinsurgency, counterterrorism, and “new wars.” In addition, I suggest a methodological expansion: adding a sociological perspective to (...) the ethical discussion by exploring the wider effects on society, over longer periods, of the operation of informers. Based on these shifts in perspective and context, I identify additional social harms generated by espionage that should lead to a more restrictive view of ethical espionage than the one emerging from Fabre's work. I argue that many of these social harms are created by the mass recruitment of informers, in asymmetrical conflicts where governments have leverage over suspected communities, and given the (often mistaken) belief that everyone recruited to act as informer is an “asset,” primarily providing advantages. I argue, therefore, that the decisive issue is one of scale: many of the ethical problems created by espionage in these contexts result from the widespread systematic recruitment of informers, while small-scale, targeted, ad-hoc recruitment can more easily avoid such problems. (shrink)

The use of facial recognition technology (FRT) as a form of intelligence has recently made a prominent public appearance in the theater of war. During the early months of Russia's invasion of Ukraine, Ukrainian authorities relied on FRT as part of the country's defensive activities, harnessing the technology for a variety of purposes, such as unveiling covert Russian agents operating amid the Ukrainian population; revealing the identity of Russian soldiers who committed war crimes; and even identifying dead Russian soldiers. This (...) constellation of uses of FRT—in a war increasingly waged on the digital and information front—warrants ethical examination. The essay discusses some of the most serious concerns with FRT in the context of war, including the infringement of informational privacy; the indiscriminate and disproportionate harms it may inflict, particularly when the technology is coupled with social media intelligence; and the potential abuse of the technology once the fog of war dissipates. Some of these concerns parallel those to be found in nations that are not engulfed in war, but others are unique to war-torn settings. (shrink)

A normative defense of espionage and counterintelligence activities in the service of foreign policy goals must show at least two things. First, it must show which foreign policy goals, if any, provide a justification for such activities. Second, it must provide an account of the means that intelligence agencies are morally permitted, indeed morally obliged, to use during those activities. I first discuss Ross Bellaby's probing critique of my defense of economic espionage. I then turn to the other four essays, (...) which consider the ethics of the means by which espionage and counterintelligence activities are conducted. (shrink)

This essay contends that the ethics around the use of spy technology to gather intelligence (TECHINT) during espionage and counterintelligence operations is ambiguous. To build this argument, the essay critically scrutinizes Cécile Fabre's recent and excellent book Spying through a Glass Darkly, which argues that there are no ethical differences between the use of human intelligence (HUMINT) obtained from or by human assets and TECHINT in these operations. As the essay explains, Fabre arrives at this position by treating TECHINT as (...) a like-for-like replacement for HUMINT. The essay argues instead that TECHINT is unlikely to act as a like-for-like replacement for HUMINT. As such, TECHINT might transform existing practices of espionage and counterintelligence, giving rise to new ethical challenges not captured in Fabre's analysis. To illustrate the point, the essay builds an analogy between TECHINT and recent armed conflicts in which precision weapons have been deployed. Although precision weapons seem ethically desirable, their availability has created new practices of waging war that are ethically problematic. By analogy, TECHINT, though not intrinsically undesirable, has the capacity to generate new practices of intelligence gathering that are ethically problematic—potentially more than HUMINT. Ultimately, recent negative experiences with the use of precision weaponry should caution against an overly positive assessment of TECHINT's ethical desirability. (shrink)

Intelligence operations overwhelmingly focus on obtaining secrets (espionage) and the unauthorized disclosure of secrets by a public official in one political community to another (treason). It is generally understood that the principal responsibility of spies is to successfully procure secrets about the enemy. Yet, in this essay, I ask: Are spies and traitors ethically justified in using cyber operations not merely to acquire secrets (cyber espionage) but also to covertly manipulate or falsify information (cyber manipulation) to prevent atrocities? I suggest (...) that using cyber manipulation operations to parry atrocities is pro tanto morally permissible and, on occasion, required. (shrink)

Will existing forms of artificial intelligence (AI) lead to genuine intelligence? How is AI changing our society and politics? This essay examines the answers to these questions in Brian Cantwell Smith's The Promise of Artificial Intelligence and Mark Coeckelbergh's The Political Philosophy of AI with a focus on their central concern with judgment—whether AI can possess judgment and how developments in AI are affecting human judgment. First, I argue that the existentialist conception of judgment that Smith defends is highly idealized. (...) While it may be an appropriate standard for intelligence, its implications for when and how AI should be deployed are not as clear as Smith suggests. Second, I point out that the concern with the displacement of judgment in favor of “reckoning” (or calculation) predates the rise of AI. The meaning and implications of this trend will become clearer if we move beyond ontology and metaphysics and into political philosophy, situating technological changes in their social context. Finally, I suggest that Coeckelbergh's distinctly political conception of judgment might offer a solution to the important boundary-drawing problem between tasks requiring judgment and those requiring reckoning, thus filling a gap in Smith's argument and clarifying its political stakes. (shrink)

This essay reviews two recent books—Marion Laboure and Nicolas Deffrennes's Democratizing Finance and Eswar S. Prasad's The Future of Money—on financial technology (fintech) and the future of money. Both books present overviews of recent developments in fintech and assess the prospects of technological change to deliver a more accessible, equitable financial system—described in both cases as the “democratization of finance.” I raise two key concerns about the limits of the “democratization” implied here. First, the vision of democratized finance implicit in (...) both books rests on claims about widening access to financial services for individuals, households, and businesses. This contrasts with more substantive visions of democratized finance that entail the exercise of accountable, deliberative decision-making on monetary and financial questions. Second, “fintech democracy” rests on a very thin account of how finance might be democratized, stressing exogenous technological change, with little consideration of relations of power, institutional reforms, or mobilization. Both books provide eloquent and comprehensive overviews of emerging fintech debates, but in so doing ultimately reveal important limitations to achieving financial democracy through fintech. (shrink)

The recent proposal by the Independent Expert Panel of the Stop Ecocide initiative to include the crime of ecocide in the International Criminal Court's Rome Statute has raised expectations for preventing and remedying severe environmental harm through international prosecution. As alluring as this image is, we argue that ecocide prosecutions may be the most difficult, perhaps even impossible, in precisely the cases that the ICC would need to be concerned with; namely, the gravest global incidents of environmental harm, including those (...) associated with planetary climate change. We explore a series of questions about the panel's formulation of ecocide that resonate with longer debates around criminalizing environmental harm but take on new dimensions amid the Anthropocene and after twenty years of ICC trials. Ecocide must contend with the hard lessons learned concerning the ICC's limitations in realizing justice in a fraught international political context and also with fundamental challenges to knowledge and legitimacy arising from the uncertainty and dynamic socioenvironmental context of the Anthropocene. The proposed amendment, if adopted, risks ineffective prosecutions or even perverse outcomes for the environment itself. This risk, however, may characterize any effort to prosecute ecocide internationally in the Anthropocene unless the terms of international criminal law are fundamentally rethought. (shrink)

Scott Sagan asked me to revisit Nuclear Ethics, a book I published in 1986, in light of current developments in world affairs. In doing so, I found that much had changed but the basic usability paradox of nuclear deterrence remains the same. As do the ethical dilemmas. To deter, there must be some prospect of use, but easy usability could produce highly immoral consequences. Some risk is unavoidable and the moral task is how best to lower it. Nuclear weapons pose (...) moral problems but nuclear use is the greater evil. Abolition may be a worthy long-term goal, but it is unlikely in the short-term relations among the nine states now possessing nuclear weapons. Drawing on just war theory, I examine the three dimensions of intentions, means, and consequences to outline a ten-point agenda for just deterrence that seeks to lower risks of nuclear war. The world has changed since the book was published but the basic moral dilemmas remain the same. (shrink)

Nuclear weapons are different from every other type of weapons technology. Their awesome destructive potential and the unparalleled consequences of their use oblige us to think critically about the ethics of nuclear possession, planning, and use. Joe Nye has given the ethics of nuclear weapons deep consideration. He posits that we have a basic moral obligation to future generations to preserve roughly equal access to important values, including equal chances of survival, and proposes criteria for achieving conditional or “just deterrence” (...) to minimize the risk of nuclear use and help preserve these values. While Nye's conditions are laudable, they are not achievable. They rely on flawed assumptions about the nature of nuclear weapons and the inherent risks of the nuclear deterrence system. Since the Cold War ended, the strategy and practice of nuclear deterrence has grown riskier, more urgent, more dangerous, and less stable. It is time to rethink how we manage nuclear risks. A new nuclear security system must be built on the design principle that the consequences of system failure cannot threaten to end or fundamentally disrupt civilization. We owe the future a new nuclear security strategy that can prevent an existential global nuclear event. (shrink)

In this essay, I propose five principles to make U.S. nuclear deterrence policy more just and effective in the future: sever the link between the mass killing of innocent civilians and nuclear deterrence by focusing targeting on adversaries’ military power and senior political leadership, not their population; never use or plan to use a nuclear weapon against any target that could be destroyed or neutralized by conventional weapons; reject “belligerent reprisal” threats against civilians even in response to enemy attacks on (...) one's own or allied civilians; replace nuclear “calculated ambiguity” threats against biological or cyberattacks with “deterrence by denial” strategies; and work in good faith toward eventual nuclear disarmament. (shrink)

Any threat to use nuclear weapons inherently carries the possibility of escalation to a level such that both parties in a conflict, and likely many others, would be destroyed. Yet nuclear weapons are also seen as necessary for securing the very things that would be destroyed if the weapons were ever used. The fix for this nuclear dilemma relies on the strategy of deterrence. Deterrence provides a rationale for why nuclear weapons are necessary, even though they may seem dangerous. But (...) the practice of deterrence involves less intentionality and agency than is usually assumed. The success of deterrence relies partially on luck as well as unrealistic assumptions about human behavior. Rather than a strategic necessity, deterrence may be an institutionalized behavior, accepted because it has always been practiced rather than because it makes sense. Assessing the ethics of deterrence and nuclear weapons requires engaging with these issues. (shrink)