Technology in Espionage and Counterintelligence: Some Cautionary Lessons from Armed Conflict

Abstract 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.