Terror and technology: domestic intelligence collection and the gossamer of enhanced security

Abstract

ABSTRACTThe Paris (2015) and Brussels (2016) terrorist attacks reignited the debate over security vs. liberty in the fight against terrorism in democratic societies. In the United States, the controversy began again in 2012, as a result of revelations coming from Edward Snowden about the National Security Agency’s (NSA) domestic and foreign intelligence collection programs. The collection of telephony metadata by the NSA raised the issue about the legal provisions of section 215 of the USA Patriot Act, and section 702 of the Foreign Intelligence Surveillance Act, concerning the collection of phone records of U.S. citizens. The USA Freedom Act was meant to address some of these concerns over the use of technology domestically in the fight against terrorism, but does it? This article argues that the use of advanced technologies in domestic intelligence and information collection by intelligence agencies does not significantly enhance security and prevent the possibility of terrorist attacks, as much as good police work and information sharing. Also, the article addresses the broader issue of the role of the governments in the use of information and communication technology in democratic societies for intelligence purposes, suggesting that as technology advances and the fear over new threats increases, the potential for democratic governments to use that technology to their own detriment also increases.