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Intelligence And State Surveillance In

Modern Societies An International


Perspective Frederic Lemieux
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INTELLIGENCE AND STATE
SURVEILLANCE IN MODERN SOCIETIES
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INTELLIGENCE AND STATE
SURVEILLANCE IN MODERN
SOCIETIES: AN
INTERNATIONAL
PERSPECTIVE

BY
FREDERIC LEMIEUX
Georgetown University, USA

United Kingdom – North America – Japan – India – Malaysia – China


Emerald Publishing Limited
Howard House, Wagon Lane, Bingley BD16 1WA, UK

First edition 2019

© Frederic Lemieux 2019


Published under an Exclusive Licence

Reprints and permissions service


Contact: permissions@emeraldinsight.com

No part of this book may be reproduced, stored in a retrieval system, transmitted in any form or
by any means electronic, mechanical, photocopying, recording or otherwise without either the
prior written permission of the publisher or a licence permitting restricted copying issued in the
UK by The Copyright Licensing Agency and in the USA by The Copyright Clearance Center.
Any opinions expressed in the chapters are those of the authors. Whilst Emerald makes every
effort to ensure the quality and accuracy of its content, Emerald makes no representation
implied or otherwise, as to the chapters’ suitability and application and disclaims any warranties,
express or implied, to their use.

British Library Cataloguing in Publication Data


A catalogue record for this book is available from the British Library

ISBN: 978-1-78769-172-8 (Print)


ISBN: 978-1-78769-171-1 (Online)
ISBN: 978-1-78769-173-5 (Epub)
To Ophelia and Rose-Lynn… Never forget that true happiness
does not come from without, it comes from within you.
This page intentionally left blank
Table of Contents

List of Figures ix

List of Tables xi

Foreword xiii

Acknowledgment xvi

Nature and Structure of Intelligence: An Introduction 1

Chapter 1 “Intelligence Knowledge” Management 19


Chapter 2 National Security Intelligence in the Five Eyes
Countries 33

Chapter 3 Toward A Convergence? Militarization of Intelligence


and State Surveillance 69

Chapter 4 Criminal Intelligence 95

Chapter 5 Intelligence-Led Policing Model: Global Diffusion


and Cultural Distinction 121

Chapter 6 Cyber Threats, Intelligence Operations, and Mass


Surveillance 139

Chapter 7 Intelligence and Surveillance Technologies 165

Chapter 8 The Rise of the Private Intelligence Sector 191

Chapter 9 Ethical Challenges in Intelligence Operations 207

References 233

Index 247
This page intentionally left blank
List of Figures

Introduction
Figure 1. The Intelligence Cycle . . . . . . . . . . . . . . . . . . . . 9

Chapter 1
Figure 2. Interrelation Between State’s Security Mission, Risk
Society, and Intelligence and Surveillance Agencies 26
Figure 3. Knowledge Management Cycle. . . . . . . . . . . . . . 29

Chapter 3
Figure 4. Trend of US Department of Defense Budget From
1940 to 2013. . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Figure 5. Deployment of Special Forces Around the World
During the “War on Terror” (2012–13) . . . . . . . . 76

Chapter 4
Figure 6. Australian Criminal Intelligence Model . . . . . . . . 102
Chapter 7
Figure 7. Internet of Things (IoT) Connected Devices
Installed Base Worldwide from 2015 to 2025
(in Billions) . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
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List of Tables

Introduction
Table 1. Comparison Between the Types of Intelligence
Activities and the Nature of Security Threats . . . . 6
Table 2. Intelligence Collection Disciplines and Their
Application to Intelligence Fields . . . . . . . . . . . . 8
Table 3. Common Cognitive and Perceptual Biases
(US Government, 2009) . . . . . . . . . . . . . . . . . . . 12
Chapter 2
Table 4. Australian Intelligence Community . . . . . . . . . . . 36
Table 5. Canadian Intelligence Community . . . . . . . . . . . 41
Table 6. New Zealand Intelligence Community . . . . . . . . . 47
Table 7. United Kingdom Intelligence Community . . . . . . 50
Table 8. United States Intelligence Community . . . . . . . . . 57
Table 9. Intelligence Agencies in Five Eyes Countries
According to Collection Discipline . . . . . . . . . . . 63
Chapter 4
Table 10. Distribution of Criminal Intelligence Unit in the US
Federal Law Enforcement Apparatus . . . . . . . . . 113
Chapter 6
Table 11. Sources of Cybersecurity Threats . . . . . . . . . . . . 141
Table 12. Type of Exploit Modus Operandi . . . . . . . . . . . . 144
Table 13. Mass Surveillance Programs in the United States
Since 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
Chapter 7
Table 14. Table of Countries That Had Acquired Drones by
December 2011 (GAO 2012) . . . . . . . . . . . . . . . 171
Chapter 9
Table 15. Intelligence Whistleblowers from 1970 to 2013 . . . 221
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Foreword

For several years, I have been contemplating writing a book that addresses cur-
rent and emerging issues related to intelligence agencies and surveillance activities
in modern societies after the fall of the Soviet Union in 1991. This contemplation
was triggered and perpetuated by the multiple political, social, and financial
events that occurred following the collapse of the Soviet Union, an event in and of
itself, which certainly shaped and redefined the notions of threats and security on
a global scale. Among these defining occurrences, I include Operation Desert
Storm (1991), which was the first high-tech war necessitating a vast amount of
real-time information to guide both missiles and ground troops toward their
objectives. Due to these real-time technological capabilities, the United States–led
coalition was able to free Kuwait from the Iraqi invasion in about one week.
There are a myriad of other important engagements that demonstrate how
Western military operations were guided and enhanced by various satellite sur-
veillance and intelligence activities. The counteracting of transnational threats
such as nonstate-sponsored terrorist groups in the Middle East (al-Qaeda and
ISIL), the participation in burgeoning conflicts around the world including
Eastern Europe (Serbia, Bosnia, and Herzegovina), and the monitoring of civil
wars in Africa (Somalia) all were carried out with the aid of recent technological
advances in intelligence and surveillance.
During the 1990s, knowledge of key technologies used and developed for
military purposes were transferred to civilian institutions, most importantly the
law enforcement agencies. Information technology hardware and software
became available to police organizations to better manage crime and other
domestic risks. This decade witnessed a rapid growth of computerization and
information digitalization in the criminal justice system in general. These tech-
nological advances became mission critical to many police organizations, pro-
voking structural and operational transformations such as centralization of
information and adoption of new managerial models based on performance as
well as data-driven security strategies.
The terrorist attacks of September 11, 2001 were unequivocally an historical
turning point for intelligence and mass surveillance in modern societies. In
response, many Western countries passed antiterror legislations that include
language pertaining to police powers enhancement and, in the United States
specifically, limitations of certain civil liberties such as privacy rights, right against
self-incrimination, and protection from arbitrary searches. These changes have
directly impacted how intelligence agencies operate. For instance, the US
xiv Foreword

National Security Agency (NSA) was permitted to routinely and systematically


spy on its own citizens to uncover terrorist plots in the United States while the
Central Intelligence Agency (CIA) was allowed to conduct torture and rendition
programs in order to collect intelligence from so-called “enemy combatants.” The
two long wars in Afghanistan and Iraq that followed the 9/11 attacks also
impacted intelligence and surveillance activities by spurring the development of
new intelligence practices such as predictive analysis of improvised explosive
devices (bombing clusters) and the extensive use of drones for reconnaissance as
well as bombings.
In 2007 and 2008, Russia launched two cyberattacks against Estonia and
Georgia. These denials-of-services attacks were perpetrated against both gov-
ernment institutions such as parliament and ministries, as well as private orga-
nization like banks, newspapers, and broadcasters. These two attacks signaled a
new type of warfare and the necessity to recognize the importance of the cyber
world as a new battlefield where rogue states, violent nonstate actors, and orga-
nized crime can conduct activities that pose risks to modern and technology-
dependent societies. Today, cyberspaces like the Internet and the Dark Web are
heavily monitored and constantly targeted by national security and law
enforcement intelligence operations alike.
In 2011, several countries in North Africa and the Middle East experienced
civil unrest and civil war in the wake of the so-called “Arab Spring.” This global
phenomenon was not foreseen by any intelligence communities in the Western
world and emerged as a surprise to most international news outlets. Not only did
foreign intelligence agencies fail to predict this social and political awakening, but
most secret police systems in the countries affected by the unrest were totally
blindsided by the technological prowess of the youth, who used social media
avenues such as Facebook and Twitter in particular to circulate activist infor-
mation and organize logistics for events. Before the events of the Arab Spring, the
intelligence community never fully grasped the idea that political activists were
capable of rapidly igniting a vast social movement, thereby challenging the status
quo in several countries simultaneously.
In 2016, Russia was able to demonstrate its ability to harness its capability in
the cyberspace to interfere in the presidential election. If this information warfare
operation was not something new, its scope and intensity was certainly without
precedent. Intelligence agencies from foreign countries were able to conduct vast
disinformation campaigns on social media; hack, steal, and leak sensitive infor-
mation from the Democratic National Committee; and sow discord to increase
political polarization in favor of the Trump presidential campaign. This well-
orchestrated cyber intelligence operation happened with little to no challenge
from the US Intelligence Community. This event reminds us that a democracy
can be hacked by virtual malicious actors through sophisticated intelligence
operations and illustrate the necessity to develop a deep understanding of the
intersection between technology, surveillance, and national security.
The interpretation of both existing knowledge and signals of new dangers have
been challenging for law enforcement and national security intelligence agencies
at many points during the past 30 years. The aforementioned critical political and
Foreword xv

social changes have demonstrated the limitations of states’ knowledge about


emerging global and national threats. Furthermore, the influence of international
and national events on the security of modern society and the evolving mission of
intelligence agencies have raised concerns among citizens about the lack of lim-
itations on surveillance and the pitfalls of a state’s control. The content of this
book is geared toward anyone who seeks to understand the intelligence envi-
ronment in modern times and is important reading for the general public, gov-
ernment and civilian employees, law enforcement leaders, military officers,
private sector professionals, academics, and students. As a useful tool to support
teaching at the graduate and professional education level, this book provides a
broad understanding of current and emerging issues related to intelligence
activities and offers a unique way of thinking about contemporary challenges in
this field.
A comprehensive understanding of issues in the fields of intelligence and state
surveillance is essential to the modern workforce and public that must function
successfully in this current security climate. Members of the government, military,
and private sector industry may find particularly interesting the reflection and
research results related to the implementation of successful intelligence and sur-
veillance strategies as well as frameworks for creating such strategies. This work
also addresses the complexity of the world in which intelligence activities occur
and, as such, is a useful tool for mid-level managers and high-level public sector
administrators. It also explains both wanted and unwanted impacts of certain
policies, laws, and regulatory frameworks on intelligence and surveillance
activities.
This book assumes the readers have a basic understanding of intelligence
operations, though it does not illustrate points through use of excessive jargon or
overly elliptical theoretical discussion. However, it is not a purely descriptive
manuscript, and does not aim to oversimplify matters at hand. The book, while
not overly technical, still requires basic knowledge of intelligence collection,
information analysis, international affairs, homeland security, protection of
infrastructure, and related disciplines. It is my hope that the reader comes away
with a more thorough understanding of how the dynamics between the security of
the states and the risk society modulate intelligence and surveillance activities.

Frederic Lemieux
Georgetown University
Washington, D.C.
July 2018
Acknowledgment

This book represents a major contribution to the field of intelligence, and


achieving this objective in a short period of time during a turbulent period of my
life was a heavy demand. First of all, I would like to thank Jules Willan at
Emerald Publishing Ltd for your trust in my work and for this productive pro-
fessional relationship. The confidence she had in the project and her judicious
advices were instrumental to the realization of the book. I am also deeply
indebted to my special assistant, Melinda Hull, who worked hard on the revision
and editing of the chapters. Thank you Melinda for having been flexible and
reliable and for offering excellent suggestions throughout the editing process.
Finally, I would like to thank the senior management at Georgetown University
who gave me flexibility to complete this work while incepting and managing new
graduate programs in intelligence and cybersecurity.
Table 3: Common Cognitive and Perceptual Biases (US Government, 2009).

12
Perceptual Biases Biases in Evaluating Evidence

Intelligence and State Surveillance in Modern Societies


Expectations: We tend to perceive what we expect to Consistency: Conclusions drawn from a small body of
perceive. More (unambiguous) information is needed consistent data engender more confidence than ones drawn
to recognize an unexpected phenomenon. from a larger body of less consistent data.
Resistance: Perceptions resist change even in the face Missing Information: It is difficult to judge well the potential
of new evidence. impact of missing evidence, even if the information gap is
Ambiguities: Initial exposure to ambiguous or blurred known.
stimuli interferes with accurate perception, even after Discredited Evidence: Even though evidence supporting a
more and better information becomes available. perception may be proved wrong, the perception may not
quickly change.
Biases in Estimating Probabilities Biases in Perceiving Causality
Availability: Probability estimates are influenced by Rationality: Events are seen as part of an orderly, causal
how easily one can imagine an event or recall similar pattern. Randomness, accident, and error tend to be rejected
instances. as explanations for observed events. For example, the extent to
Anchoring: Probability estimates are adjusted only which other people or countries pursue a coherent, rational,
incrementally in response to new information or goal-maximizing policy is overestimated.
further analysis. Attribution: Behavior of others is attributed to some fixed
Overconfidence: In translating feelings of certainty nature of the person or country, while our own behavior is
into a probability estimate, people are often attributed to the situation in which we find ourselves.
overconfident, especially if they have considerable
expertise.
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