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Balancing Liberty and Security - An Ethical Study of U.S. Foreign Intelligence Surveillance, 2001-2009 (Hardcover)
Loot Price: R2,389
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Balancing Liberty and Security - An Ethical Study of U.S. Foreign Intelligence Surveillance, 2001-2009 (Hardcover)
Series: Security and Professional Intelligence Education Series
Expected to ship within 12 - 17 working days
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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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