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Balancing Liberty and Security
An Ethical Study of U.S. Foreign Intelligence Surveillance, 2001-2009
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Publisher:
2013
Summary
This work examines the philosophical foundations of information ethics and their potential for application to contemporary problems in U.S. foreign intelligence surveillance. Questions concerning the limits of government intrusion on protected Fourth Amendment rights are examined against the backdrop of the post-9/11 period. Changes to U.S. foreign intelligence surveillance law and policy are analyzed by applying the traditional ethical theories commonly used to support or discount these changes, namely utilitarian and contractarian ethical theories. The resulting research combines both theoretical elements, through its use of analytic philosophy, and qualitative research methods, through its use of legislation, court cases, news media, and scholarship surrounding U.S. foreign intelligence surveillance. Using the U.S.A. PATRIOT Act, the Foreign Intelligence Surveillance Act (FISA) and the Terrorist Surveillance Program as case examples, the author develops and applies a normative ethical framework based on a legal proportionality test that can be applied to future cases involving U.S. foreign intelligence surveillance.
The proportionality test developed in this research, which is based on a modified version of the Canadian Oakes Test, seeks to balance legitimate concerns about collective security against the rights of the individual. As a new synthesis of utilitarian and contractarian ethical principles, the proportionality test laid out in this book has potential for application beyond U.S. foreign intelligence surveillance. It could act as a guide to future research in other applied areas in information policy research where there is a clear tension between individual civil liberties and the collective good of society. Problems such as passenger screening, racial and ethnic profiling, data mining, and access to information could be examined using the framework developed in this study.
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Bibliographic data
Copyright year
2013
ISBN-Print
978-1-4422-1909-0
ISBN-Online
978-1-4422-1910-6
Publisher
Rowman & Littlefield, Lanham
Language
English
Pages
145
Product type
Book Titles
Table of contents
ChapterPages
Contents No access
Preface No access
Abbreviations No access
1 Information Ethics in the Post-9/11 Period No access
2 Philosophical Approaches to Information Ethics No access
3 U.S.A. PATRIOT Act No access
4 Warrantless Surveillance No access
5 FISA Modernization No access
6 Privacy Rights and Limits of Government Intrusion No access
7 The Future of Privacy in Post-9/11 America No access
Appendixes No access Pages 111 - 112
Appendix A: U.S.A. PATRIOT ACT of 2001 No access Pages 113 - 114
Appendix B: The Protect America Act of 2007 No access Pages 115 - 116
Appendix C: U.S.A. PATRIOT Improvement and Reauthorization Act of 2005 No access Pages 117 - 122
Appendix D: The FISA Amendments Act of 2008 No access Pages 123 - 128
Appendix E: R. v. Oakes, [1986] 1 S.C.R. 103 No access Pages 129 - 132
Appendix F: Terry v. Ohio, 392 U.S. 1 (1968) No access Pages 133 - 136
