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Homeland Security
CHAPTER TWO: ETHICAL AND PRIVACY IMPLICATIONS OF TECHNOLOGY
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Learning Objectives
After reading this chapter, readers should be able to:
Explain the concepts of ethics and privacy and summarize the importance of their application to technology development and implementation.
Apply the considerations in investigating ethics when developing or implementing technology.
Compare and contrast the various types of technology assessments and identify the key components of each assessment.
Compare and contrast the concepts of privacy and security and describe the merits of each in a homeland security setting.
Explain the ethical issues identied in the example technologies within the chapter and describe potential alternatives for mitigating ethical conicts.
Key Terms
Big Data
Civil Rights/Civil Liberties Impact Assessment
Ethics
Information Fusion Centers
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Internet of Things
Privacy
Privacy Impact Assessment
Surveillance
Technological Impact Assessment
Technology Transfer
Introduction
Laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made,
new truths disclosed, and manners and opinions change with the change of circumstances, institutions must advance also, and keep pace with the times.
In the ever-changing global society, it is dicult to identify areas of everyday life that have not been fundamentally changed by technology. These changes are seemingly
implemented to improve one’s life (through areas such as medical advancements, convenience, or nancial gain) but also have the potential to cause ethical challenges that
must be addressed for successful implementation. However, it must be noted that laws and ethical practices have evolved over centuries as a result of technological innovation.
For example, the steam engine and the building of the railroads in the 18th and 19th centuries led to the development of property rights and contract law. Many of the cases at
that time were centered around property (on which tracks would be built) and eminent domain (the power of the state to forcibly acquire land for public utility).
As such, the goal of this chapter is to provide a foundation on which readers can objectively assess both the ethical and privacy implications of technology. In building the
foundation, the chapter will identify fundamental concepts, provide applicable frameworks, and present various topical areas for evaluation. Although provided examples will
include both mainstream and homeland security technologies, it is intended that readers will carefully examine the information and determine what precautions and/or actions
they might take if they were responsible for technology implementation. Further, it is also envisioned that readers will consider the information presented when making
technology decisions in the future.
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Ethics
The denition of “ethical behavior” is often debated based on variations in religion, politics, and cultural/societal norms. Although multiple denitions of ethics exist, a few
commonalities include:
A system of moral principles
An area of study dealing with ideas regarding good and bad behavior
A branch of philosophy dealing with what is morally right or wrong
Governing a person’s or group’s behavior, such as how one should act in a range of situations
Studying the conduct and moral judgment of a particular person, religion, group, profession, etc.
When discussing ethics as a eld of study, technology ethics looks at the ethics involved in the development of a new technology (whether it is right or wrong to invent and
implement a technological innovation) and the ethical questions raised because of the ways in which technology extends or restrains the power of individuals. In 1990, Guy
(1990) identied the basic characteristics of complex ethical decisions. First, the decision aects two or more values, and when compared, a greater return to one value can only
be acquired through a loss to the other. Next, uncertainty is certain and consequences cannot be predicted. Last, decision-making power is distributed over a plethora of
individuals and organizations.
In investigating ethics in technology, decision makers should take into account several key considerations (as adapted from work developed by Brown University):
Recognize the Ethical Issue and Gather Relevant Information: First, decision makers must determine if there are any specic ethical implications of the technology
under consideration. It is important to completely understand the facts about the operation of the product before attempting to determine ethical implications. This step
would include reviewing available, trusted information on the technology (from various sources) and potentially talking with current users.
Consider the Parties Involved: After information about the technology is obtained and potential ethical implications are identied, decision makers must ensure that
consideration is given to those who might be aected by the technology. This eect might be positive or negative, depending on the circumstances. This step may include
a focus group of those potentially aected to discuss the reason(s) for the technology’s implementation and potential implications that may arise as a result.
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Formulate Actions and Consider Alternatives: Next, potential actions must be identied and can be evaluated by asking various questions:
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What action will produce the most good and do the least harm? (Utilitarian Approach)
What action treats people equally? (Justice Approach)
What action serves the community as a whole, not just some members? (Common Good Approach)
Make a Decision and Act: After examining all the potential actions, decision makers must determine which one best addresses the situation at hand and then make a
decision. It is noted that it may be uncomfortable to make certain decisions based on the ethical issues at hand. However, there are times when action must be taken,
and utilizing a multistepped approach will aord the decision maker the due diligence necessary for an informed decision.
Reect on the Outcome: The nal step is to continuously evaluate the results of the decision and take note of any consequences (intended or unintended). The decision
maker can determine if any changes need to be made following technology implementation (continuous improvement cycle) based on the results of the consequences.
It is important that ethical decision-making guidelines be used in technology implementation, and decision makers can clearly assess moral principles and probable
consequences in ethical dilemmas. Challenges in these areas, if left unattended, can cause signicant damage to an organization’s/agency’s morale and its relationships with
constituents and community. Another area in technology implementation that should be considered carefully, along with ethics, is privacy.
Privacy
Privacy (in relationship to technology) is one’s right to be left alone from personal intrusions and the ability to determine how much of one’s personal information should be
communicated to third parties. Privacy is another important factor that should be taken into consideration when new technologies are implemented. From a historical
perspective, early work on privacy in the United States can be traced back to Warren and Brandeis’s The Right to Privacy. As described by Kevin Macnish, the book is regarded as
one of the rst attempts to “dene the concept of privacy, where the authors claim that the right to privacy is an instance of the ‘right to be let alone’ and establish limits to that
right, arguing that it is not absolute.”
Developments in technology then gave rise to dening legal cases, such as Katz v. United States (1967), which related privacy and surveillance to the Fourth Amendment of the
U.S. Constitution (forbidding unreasonable
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search and seizure by the state). Eisenstadt v. Baird (1972) then established that the right to privacy involves the right to make important choices without government
intervention, drawing a connection between privacy and autonomy. When these areas are taken into consideration, a likely discussion may center on the balance of privacy
versus security.
The Balance of Privacy and National Security
In December 2015, 14 people were killed and 22 were seriously injured during an attack in San Bernardino, California. In February 2016, Apple rejected a court order asking it to
assist the Federal Bureau of Investigation (FBI) in obtaining encrypted data on the iPhone used by one of the shooters in the attack. Prosecutors noted that they needed Apple’s
help accessing the phone’s data to nd out who the shooters were communicating with and who may have helped plan and carry out the attack. In its response, Apple noted:
Through the court order, the FBI has asked us to create a backdoor to the iPhone which would circumvent several important security features. While we believe the FBI’s
intentions are good, it would be wrong for the government to force us to build a backdoor into our products. And ultimately, we fear that this demand would undermine
the very freedoms and liberty our government is meant to protect.
Apple’s decision to reject the court order undoubtedly considered the security of the nation (potentially preventing further attacks) and the privacy of Apple customers (ensuring
that freedoms and liberties are protected). However, the discussion on privacy and security did not start with the Apple court order. In fact, the U.S. statesman Benjamin
Franklin stated in 1775 that “those who give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.” In fact, this debate can be seen in
historical events such as the Alien and Sedition Acts of 1798, the suspension of the writ of habeas corpus by President Abraham Lincoln, the Red Scare in the 1920s, and even
the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act).
The September 11, 2001, attacks led to the rapid congressional approval of the USA PATRIOT Act. Critics claim that the act “gives the Attorney General and federal law
enforcement unnecessary and permanent new powers to violate civil liberties that go far beyond the goal of ghting international terrorism.” Advocates for the act note that
“America needs the
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USA PATRIOT Act because it helps prevent terrorism and lets counterterrorism agents use tools that have been in place for decades with the inclusion of elaborate safeguards
against abuse.”
Also in the eld of homeland security/intelligence was the 2013 classied documents leak by National Security Agency contractor Edward Snowden. The information revealed
global surveillance programs that were being conducted by the NSA, the Five Eyes (an intelligence alliance between the United States, United Kingdom, Australia, Canada, and
New Zealand), and global telecommunication companies. The document dissemination focused the nation’s attention on security policies and again questioned the eect of the
measures on their basic constitutional liberties. Whatever the individual’s perspective may be regarding the balance between privacy and security, it is imperative that factual
information is collected and analyzed through an objective assessment process.
Technology Assessments
In order to explore how multifaceted impacts might be understood, controlled, and mitigated, there are several areas that must be investigated. We need to look into
social/technology assessment, the transfer of the technology as it is placed into practice, and the techniques/processes that are available for control within the legal,
political, institutional, and attitudinal environment within which the technology is placed as a way of protecting our rights to life, liberty, and pursuit of happiness.
Technological Impact Assessment
Most cultures would likely agree that the development and application of powerful emerging technologies should have a foundation on a comprehensive evaluation of the
advantages and disadvantages that the technology might generate. A technological impact assessment (TIA) can be dened as the “systematic study of the eects on society
that may occur when a technology is introduced, extended, or modied with emphasis on the impacts that are unintended, indirect or delayed.” It should be noted that a TIA is
not an anti-technological approach, but rather an interdisciplinary approach to prevent potential damages caused by the implementation of new technologies. The results of a
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TIA, a form of a cost-benet analysis, should be utilized by decision makers. However, an objective TIA is often dicult to conduct due to a wide range of ethical perspectives,
research variables that delineate between positive and negative consequences for a specic technology, and overall design that may overgeneralize the results of the
assessment.
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Privacy Impact Assessment
One key consideration of technology privacy is data or information privacy and the collection of Personally Identiable Information (PII) or Sensitive Personal Information (SPI).
With the prevalence of identity theft and other cybercrimes (including nancial), individuals should be concerned about the release/sharing of information that can be used to
identify, contact, or locate them. One decision tool to identify and mitigate privacy risks is the Privacy Impact Assessment (PIA) utilized by the federal government. The PIA is
used when developing or procuring any new technologies or systems that handle PII; when creating a new program, system, or technology that may have privacy implications;
or when updating existing systems that may result in privacy risks. The PIA will ensure compliance with legal and privacy requirements, determine risks and eects, and evaluate
protections and alternatives to mitigate privacy risks.
Civil Rights/Civil Liberties Impact Assessment
The U.S. Department of Homeland Security houses an Oce for Civil Rights and Civil Liberties (CRCL) to support the department’s mission to secure the nation while preserving
individual liberty, fairness, and equality under the law. One of the tools the oce uses is a Civil Rights/Civil Liberties Impact Assessment that may be required by statute,
requested by department leadership or sta, or initiated by the Oce for CRCL. According to the DHS, “The policy analysts who write CRCL Impact Assessments review various
department programs, policies, or activities to determine whether these department initiatives have an impact on the civil rights or civil liberties of those aected by the
initiative. CRCL policy analysts consider various types of questions when drafting an impact assessment to include the impact on particular groups or individuals, the inuence of
government, notice and redress, alternatives, and safeguards.” In the course of conducting the impact assessment, and in the nal written document, CRCL may make
recommendations for change.
21st-Century Emerging Ethical Dilemmas and Policy Issues in Science and Technology
The 21st century has seen a wide variety of astonishing advances in technology innovation, many of which have associated ethical dilemmas. These advances have occurred in
many dierent areas that include, but are not limited to, biotechnology, computing, robotics, medicine, telecommunications, nance, articial intelligence, and genetics. For
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debate on stem cells and embryo research and genetically modied organisms has involved scientists, policy makers (which includes politicians), and religious groups.
Additionally, articial intelligence and robotics continue to expand capabilities in various areas of society as well as raise the question of privacy.
In an eort to advance science and technology, the John J. Reilly Center for Science, Technology, and Values at the University of Notre Dame develops an annual list of emerging
ethical dilemmas and policy issues in science and technology. The center explores conceptual, ethical, and policy issues where science and technology intersect with society
from dierent disciplinary perspectives. The ten items from the 2016 list are highlighted below in no particular order:
1. Lethal Cyber Weapons: In 2015, the U.S. Cyber Command contracted a project to produce “lethal cyber weapons”—logic bombs with the ability to cause critical
infrastructure to self-destruct. Additionally, the U.S. Department of Defense (DoD) has released information on cyber weapons and potentially lethal applications,
including a nuclear plant meltdown, opening a dam upstream from a populated area, and disabling air trac control services. While ethical issues in weaponry are not
new for the United States (atomic bombs in WWII), the mechanisms and strategies are.
2. Exoskeletons for the Elderly: An exoskeleton is a lightweight scaolding that ts over the user’s arms, legs, and torso to improve strength and speed. The technology
started with a goal to relieve back pain for those who work manual labor jobs. The ethical question is whether extending labor years and automating the elderly are in
the best interest of society.
3. Articial Wombs: This technology allows for the process of ectogenesis, or the ability to grow a fetus outside of a woman’s body. Advocates of the technology note that
articial wombs give the capacity to remove women from the medical risks of childbirth. Opponents to the technology argue the technology on religious and moral
grounds.
4. Articial Intelligence Toys: Mattel has released plans for a new Barbie doll called “Hello Barbie.” This toy is constantly connected to Wi-Fi and interacts with children on
a variety of topics (based on previous conversations that are stored). Parents can be sent a transcript of the conversation based on the information that is exchanged by
the child with the doll. Not only does this toy have privacy implications for the children, but child development specialists are concerned that an interactive doll may fulll
friendship roles in some children and also lead to unhealthy interactions that are incapable of conict.
5. Digital Labor: Many online marketplaces give individuals the opportunity to work with a signicant amount of autonomy. Although some may nd the ability to work
from home appealing, the lack of protections provided by
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digital labor have sparked ethical discussions. One of the most challenging aspects is the blur between work time and home time. Without labor rights for the digital
labor community, the ability to take advantage of this workforce could be heightened.
6. Bone Conduction for Marketing: Bone conduction is not a new technology and has been essential in the development of hearing aids, modern headphones, and
Google Glass. These technologies work by passing sounds through a transducer that sits on the user’s skull. However, marketing companies now have begun to use bone
conduction to transmit advertising. In fact, AT&T has led patents for technology that can be used to target ads to users of mobile devices by learning their body
language.
7. Genetic Engineering: Clustered regularly interspaced short palindromic repeats (CRISPR) allow scientists to make precise, targeted changes to the genome of living cells
that will be inherited by future generations. Advocates state that genetic engineering in humans is meant to eradicate a variety of devastating, heritable diseases.
However, critics (including bioethicists) have argued against the prospect because of concerns about use of the technology for purely cosmetic enhancements,
unforeseen side eects of changing the DNA, and equality of access to this technology.
8. Disappearing Drones: Inbound, Controlled, Air-Releasable, Unrecoverable Systems (ICARUS) are drones that self-destruct after performing their task. Although the
utilization of unmanned aerial systems is presented in chapter 8, one concern with self-destructing drones is the inability to identify the individual and/or country behind
their use. This lack of evidence should be considered not only in international uses, but also in domestic scenarios with the increasing citizen use of drone technology.
9. Head Transplants: By 2017, an Italian doctor has promised to perform the world’s rst head transplant. While skeptics believe the technology is decades away from
successful execution, the doctor expresses his condence in various surgical advances in the last decade. In considering ethical issues, the human brain may not be able
to adequately comprehend the implications of such a transplant. Memory and identication immediately arise from the limitless ethical dilemmas that will likely
commence.
10. Rapid Whole-Genome Sequencing: In an eort to identify and hopefully treat potential problems in newborns, the process of rapid whole-genome sequencing has
been conducted. Medical researchers collect DNA from both the newborn and his or her parent, whose genomes give them a starting point for identifying mutations.
Once the DNA is sequenced, doctors can assess the newborn’s symptoms in order to narrow down their search. A diagnosis based on genome sequencing is then given
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to the doctors and parents; the sequence data is stored anonymously for future research. It has been noted that knowledge of these genes confers no benets on the
newborn at this point in time, and instead may give parents uncertainties of raising children with potentially fatal diseases. Further ethical concerns include genome
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privacy, equality of access, and accessing genomic information not related to the diseases in the current case.
Internet of Things
One additional technological advancement that should be included in any discussion of technology ethics is the Internet of Things (IoT). The IoT is a network of physical objects
that are embedded with electronics, software, sensors, and network connectivity to enable those objects to collect and exchange data. These objects (devices, buildings,
vehicles, etc.) can be controlled remotely across existing network infrastructure. Developers cite advantages such as real-time marketing, enhanced situational awareness,
process optimization, and resource consumption optimization. However, despite the convenience and utility of IoT devices, several ethical, privacy, and security implications
should be considered.
Clubb, Kirch, and Patwa (2015) note that networks allow a continuous data feed from IoT devices that can be collected and analyzed, producing various possibilities to include:
From a smartphone-connected wearable device: detection of sensitive behavioral patterns, moods, habits, stress levels, and potentially, diseases
From a connected home: vacancy times, data on who is at home (elderly, children, etc.)
From a connected car: driving habits, routine locations visited by individuals
Through the data produced by the IoT, the disruptive analysis of human patterns could lead to unintended consequences. For example, behavioral patterns could be used
against a person, without detection, for life insurance, employment, lending, or other decisions. An individual’s poor driving habits could be used to deny automobile insurance
or rental car access. Further, home vacancy information (gleaned from IoT data) could be used by intruders for “windows of opportunity.”
The international research rm Gartner estimated that by the end of 2015, there would be 3.8 billion connected devices on the IoT, ranging from smart cars, smoke detectors,
door locks, industrial robots, streetlights, heart monitors, trains, wind turbines, even tennis racquets and toasters. Networking company Cisco estimates that the number of
connected devices on the IoT will rise to 50 billion by 2020, with other companies estimating over three times that amount. Questions on generated data ownership,
availability, usage, and admissibility must be addressed, but this area of technology will undoubtedly continue to advance in many aspects of an individual’s life.
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21st-Century Emerging Ethical Dilemmas in Homeland Security Related Technologies
Technology transfer can be dened as the process of transferring skill, knowledge, and technologies to other institutions to ensure that developments are accessible to a wider
range of users who can further develop the technology for other uses. Although technology transfer can describe several transactions throughout a society, the homeland
security enterprise has been a key recipient of transferred technology from both the commercial electronics market and the DoD. In some instances, the transferred
technologies may have been developed for a specic use, and then altered or customized for homeland security applications. As noted in the previous discussions on ethics and
privacy, technologies should be carefully evaluated for consequences (intended and unintended) that may occur as a result of implementation. In the following pages, the areas
of video surveillance, big data, information fusion centers, and three-dimensional (3-D) printing will be explored, with a close focus on ethical and privacy implications in
homeland security applications.
Video Surveillance
Surveillance involves the act of paying close and sustained attention to another person or object. Ethical considerations in surveillance are not new, with many historical
examples in both ction and nonction. From the ctional perspective, George Orwell’s 1984 introduced readers to the telescreen, a two-way television that allowed the state
visual and auditory access to citizens’ lives. They were constantly reminded that “Big Brother was watching them.”
Although the function of video surveillance is expanded upon in chapter 6, in its simplest form it is used to observe a certain area. It generally consists of a camera(s) connected
to a recording device with variations in hardware and software features. Many major cities are now implementing citywide video surveillance systems to combat terrorism. For
example, New York’s Lower Manhattan Security Initiative monitors 4,000 security cameras and license plate readers through a combination of public and private cameras. In
comparison, London’s “Ring of Steel” surveillance system combines nearly a half million cameras to monitor the city. In addition to traditional video surveillance systems, many
cities are implementing facial recognition technologies to automatically analyze footage for information. One nding from the investigation into the Boston Marathon Bombing
was that even if a city has access to numerous cameras, the overwhelming amount of evidence can be dicult to analyze in an eective manner.
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Opponents of video surveillance in public areas claim that video surveillance has not been proven eective, citing reports from the United Kingdom. Further, they argue that
public video surveillance is susceptible to abuse in ve forms: criminal, institutional, personal, discriminatory, and voyeuristic. Next, because the technology has evolved so
quickly, there is a lack of limits or controls on camera use. Finally, critics claim that video surveillance will have a chilling eect on public life and that surveillance will bring
profound changes to the character of public spaces.
With regard to the eectiveness of public surveillance, advocates note that many studies cited by critics on the problems with video surveillance are decades old. They note a
2009 Scotland Yard study demonstrating that video surveillance helps solve 70 percent of UK murders. Not only that, but Scotland Yard concluded that video surveillance is as
vital for forensic evidence as DNA or ngerprints. As such, security managers note that surveillance is most eective in investigations and not in general crime reduction. Further
security professionals warn against designing or justifying surveillance systems as general crime-reducing tools as this practice sets unrealistic expectations that video
surveillance is a panacea.
In the end, some surveillance applications are eective and reasonable, while others are questionable and present certain challenges to civil liberties. With that said, there is a
clear need for limits, controls, and guidelines. The diculty lies in the ability to objectively distinguish appropriate from inappropriate uses. As noted by a former Canadian
ocial, “To permit unrestricted video surveillance by agents of the state would seriously diminish the degree of privacy we can reasonably expect to enjoy in a free society.”
Additionally, Microsoft entrepreneur Bill Gates asked, “Should surveillance be used for petty crimes like jaywalking or minor drug possession? Or is there a higher threshold for
certain information? Those aren’t easy questions.”
Big Data
There is little doubt that many aspects of homeland security have beneted from innovations in technologies, including improved models resulting from access to data. Take, for
example, how the increased precision of weather forecasting now aords communities extra days to prepare for severe storms or wintry weather. However, communities have
good legal, ethical, and practical reasons to be cautious about overreliance on data-driven solutions to problems.
Data is much more plentiful than in the past, and it presents homeland security partners opportunities to become more ecient in their operation.
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It is estimated that the proportion of all information in the world stored in a digital format has increased from 25 percent in 2000 to 98 percent in 2013. This means that less
than 2 percent of all information is recorded in nondigital formats such as paper, books, prints, lm, etc. Smart policing, intelligence-led policing, predictive policing, and datadriven policing strategies all embrace the use of data to support strategic and tactical operations. Although the precise overlap among these theories or strategies remains
unclear, they all aim to respond to new threats involving technologies (e.g., computer crimes, cybercrimes, use of social media and mobile devices among criminals) and
leverage technologies for achieving heightened awareness of trends. For example, Mayer-Schonberger and Cukier note that select agencies are now using “big-data analysis to
select what streets, groups, and individuals to subject to extra scrutiny.”
Due to budget reductions and other reasons, the use of technologies to support the allocation of scarce resources is reasonable. Mayer-Schonberger and Cukier suggest that
having access to “big data” may actually reduce risks associated with the proling of people, places, and things by making decisions less discriminatory and more
individualized.
However, inferring one’s culpability or intent solely based on locational data used to support “hot spot” policing strategies and others is problematic. Note that correlations
among data does not translate into causal relationships. Interpreting relationships and nding meaning within big data requires critical thinking, reasoning, and moral choices.
Conducting critical thinking and making moral choices requires more than access to data; it requires sound policies and procedures, professional training, and creative problem
solving skills, among many other factors. As Einstein is famous for saying, “Not everything that can be counted counts, and not everything that counts can be counted.”
In addition to fears regarding predictive analysis and proling, big data presents potential privacy risks, such as nancial fraud and identity theft, as more and more personal
data is digitized and transmitted via the Web.
Information Fusion Centers
An information fusion center is “a collaborative eort of two or more agencies that provide resources, expertise and information to the center with the goal of maximizing their
ability to detect, prevent, investigate, and respond to criminal and terrorist activity.” As of 2015, there are 53 primary fusion centers and 25 additional recognized fusion
centers that have been designated by the state governors. While the events of September 11, 2001, served as a catalyst for many advancements in fusion
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centers, it should be noted that before the 2001 tragedy, many states and large cities operated units that gathered and shared information focusing on specic areas such as
gang activity.
According to DHS, “Fusion centers contribute to the Information Sharing Environment (ISE) through their role in receiving threat information, analyzing that information in the
context of their local environment, and disseminating that information to local agencies; and through gathering tips, leads, and suspicious activity reporting (SAR) from local
agencies and the public. Fusion centers receive information from a variety of sources, including SAR from stakeholders within their jurisdictions, as well as federal information
and intelligence. They analyze the information and develop relevant products to disseminate to their customers. These products assist homeland security partners at all levels
of government to identify and address immediate and emerging threats.”
With regard to privacy and civil liberties challenges associated with fusion centers, critics have identied various problems. For example, a September 2007 report excerpt
reprinted Stanley and Steinhardt’s “Even Bigger, Even Weaker” American Civil Liberties Union (ACLU) report, which noted the following issues:
Ambiguous Lines of Authority: The participation of agencies from multiple jurisdictions in fusion centers allows the authorities to manipulate dierences in federal,
state, and local laws to maximize information collection while evading accountability and oversight through the practice of “policy shopping.”
Private Sector Participation: Fusion centers are incorporating private-sector corporations into the intelligence process, breaking down the arm’s-length relationship
that protects the privacy of innocent Americans who are employees or customers of these companies, and increasing the risk of a data breach.
Military Participation: Fusion centers are involving military personnel in law enforcement activities in troubling ways.
Data Fusion = Data Mining: Federal fusion center guidelines encourage wholesale data collection and manipulation processes that threaten privacy.
Excessive Secrecy: Fusion centers are hobbled by excessive secrecy, which limits public oversight, impairs their ability to acquire essential information, and impedes
their ability to fulll their stated mission, bringing their ultimate value into doubt.
On the other hand, DHS conducted a Civil Rights/Civil Liberties Impact Assessment into fusion centers in 2013; an excerpt from that report has been reprinted from Civil
Rights/Civil Liberties Impact Assessment: DHS Support to the National Network of Fusion Centers:
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DHS has received only two formal complaints about fusion center activities since the inception of DHS’s support to the National Network. Although DHS is unaware of
any current civil rights or civil liberties violations, institutional safeguards are required to protect civil rights and civil liberties in the National Network.
DHS has several important safeguards in place to protect civil rights and civil liberties. Most signicantly, it provides useful guidance, advice, training, and technical
assistance to fusion centers on the importance of safeguarding privacy, civil rights, and civil liberties; establishes a process for ensuring that fusion centers have in place
privacy, civil rights, and civil liberties policies that are at least as comprehensive as the ISE Privacy Guidelines; and collects data on fusion center capabilities through the
annual Fusion Center Assessment Program.
DHS has the potential to implement additional enhancements to protect civil rights and civil liberties throughout the National Network.
In an attempt to ensure the protection of citizens’ civil rights with regard to intelligence collection, analysis, and dissemination, Carter and Martinelli (2007) identied seven steps
that an agency can practice to ensure the protection of citizens’ civil rights and to make a reasonable eort to comply with legal ndings and smart practices:
Step 1—Policy: In an eort to align with national standards, agencies are encouraged to develop/adopt and implement policies to include privacy, security, and accepted
records management.
Step 2—Training: The National Criminal Intelligence Sharing Plan (developed by the U.S. Department of Justice) includes an outline for an intelligence awareness training
program. Not only should the training be conducted in agencies, but personnel should also receive training on all fusion center policies. Carter and Martinelli also note
that personnel must understand constitutional rights violations and a “zero-tolerance policy” should be enacted on any infractions.
Step 3—Supervision: It is the role of a supervisor to not only lead by example regarding his or her commitment to the constitutional rights but also hold those under his
or her supervision to a high standard in intelligence gathering.
Step 4—Public Education: The delivery of community education will help develop the situational awareness of the public regarding intelligence initiatives. Through these
initiatives, it is hoped that the development and spreading of rumors will be mitigated, the public may feel like contributors to their community’s security, and
relationships can be developed.
Step 5—Transparent Processes: While certain information will be protected in the intelligence process, the process itself should be transparent and clearly understood.
This transparency may also lead to stronger relationships and community involvement.
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Step 6—Accountability Audits: Carter and Martinelli recommend a two-step process to ensure accountability within an agency. These audits include a supervisor’s
review/report to be followed by the review of the report by an external auditor.
Step 7—Assistance of Legal Counsel: It goes without saying that legal counsel is a requirement for all intelligence-related/public serving agencies. In an eort to limit
potential allegations of rights violations, agencies must follow policies/guidelines, provide eective training opportunities, and use discretion without malice.
Three-Dimensional (3-D) Printing
The process of additive manufacturing, also known as 3-D printing, refers to the formulation of successive layers under computer control to create an object. In his 2013 State
of the Union address, President Barack Obama noted that 3-D printing could “revolutionize the way we make almost everything,” to include printing prosthetics, violins, and
even aircraft parts. In fact, futurologists believe that 3-D printing will bring about the third industrial revolution, succeeding the production line assembly from the 19th
century. However, with many technologies comes associated technological risks, given the fact that the same technology that can produce positive life-changing tools can also
produce rearms that are incapable of detection.
DHS Intelligence Bulletins have warned that it could be impossible to stop 3-D–printed guns from being made, not to mention getting past security checkpoints. Intelligence on
the topic notes that blueprints are readily available that outline the development of guns from melted plastic. The information threatens to reduce the eectiveness of 3-D gun
control eorts. “Signicant advances in three-dimensional (3D) printing capabilities, availability of free digital 3D printer les for rearms components, and diculty regulating
le sharing may present public safety risks from unqualied gun seekers who obtain or manufacture 3D printed guns,” warns the bulletin compiled by the Joint Regional
Intelligence Center. 3D Systems, the largest company in consumer and industrial 3-D printing and manufacturing noted:
We recognize unintended uses of this game-changing technology and take seriously our responsibility as industry leaders to work with legislators to educate and
inuence them in the good, the bad, and the unintended. We are not a law enforcement agency and cannot prevent someone from shooting a 3D printed gun any more
than an automaker can prevent a drunk driver from taking the wheel, but are committed to doing everything that is creative, innovative, and responsible, even if it
means some restrictions.
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Although the debate may continue with this specic technology, ethical questions regarding the eects of technology on society will undoubtedly continue to surface as long as
sophisticated technologies continue to be developed and implemented.
Conclusion
We now stand in the vestibule of a vast new technological age—one that, despite its capacity for human destruction, has an equal capacity to make poverty and human
misery obsolete. If our eorts are wisely directed—and if our unremitting eorts for dependable peace begin to attain some success—we can surely become
participants in creating an age characterized by justice and rising levels of human well-being.
“Don’t be evil” and “do the right thing” have both been the corporate mottos of Google. Whether Google lives up to this slogan is up to the evaluator, but most technology
companies unfortunately do not share this perspective. As explained in chapter 1, technology can act as a double-edged sword, with the same technology yielding both risks and
benets, depending on its use. As such, analysis of function and consequence should be of primary concern for any organization considering the implementation of a
technology. Properly selected and implemented technology can make an organization more eective and ecient, but the opposite is true about improperly implemented
technology causing hours of shutdowns and resulting in deteriorating community relationships.
This chapter reviewed the concepts of ethics and privacy and identied their importance in technology development and implementation. Additionally, several examples in both
the consumer electronics market and the homeland security community were identied, with a focus on ethical and privacy issues. Hopefully the considerations and
suggestions noted in this chapter will be applied in both personal and organizational settings in the years to come.
Discussion Questions
1. As the newly elected sheri of a rural Midwestern county, you have been asked by the county commission to consider the adoption of body-worn cameras for county
deputies. The deputies are outraged, stating that administrators will use the cameras to track their every move and try to catch them not doing their jobs. If possible, how
could you remedy the
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deputy’s concerns and help them understand the personal benets of the cameras?
2. As an analyst for the U.S. Department of Homeland Security’s Customs and Border Protection, you have been asked to provide a brieng to DHS administrators on the
ethical and privacy concerns of unmanned aerial systems with a focus on ICARUS. What key considerations would you provide using the steps in the investigating ethics
in technology process that was presented earlier in the chapter? What alternatives could you deliver?
3. As one of the state’s information intelligence analysts, you have been assigned to a regional information sharing initiative in the northeast portion of the state. The Rotary
Club has asked for an analyst to come to its monthly meeting to discuss ways in which the club members’ privacy would be protected under the new program. What
safeguards could you propose to the audience?
Notes
1. Jeerson and Ford, The Writings of Thomas Jeerson.
2. Wadhwa, “Laws and Ethics Can’t Keep Pace with Technology.”
3. Jonas, Towards a Philosophy of Technology.
4. Guy, Ethical Decision Making in Everyday Work Situations.
5. Brown University, “A Framework for Making Ethical Decisions.”
6. Macnish, “Surveillance Ethics.”
7. Cook, “A Message to Our Customers.”
8. Franklin, Memoirs of the Life and Writings of Benjamin Franklin.
9. American Civil Liberties Union, “Does the USA PATRIOT Act Diminish Civil Liberties?”
10. Sales, “The USA PATRIOT Act Is a Vital Weapon in Fighting Terrorism.”
11. Bailey, “Technology and Ethics.”
12. Baase, A Gift of Fire.
13. Huesemann and Huesemann, Technox.
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40
41
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14. U.S. Department of Homeland Security, “Civil Rights and Civil Liberties.”
15. John J. Reilly Center, “Emerging Ethical Dilemmas and Policy Issues in Science and Technology 2015.”
16. Folk, “U.S. Cyber Command Moves Towards ‘Lethal Cyber Weapons.'”
17. ITU, “Internet of Things Global Standards Initiative.”
18. Clubb, Kirch, and Patwa, “The Ethics, Privacy, and Legal Issues around the Internet of Things.”
19. Scott, “8 Ways the Internet of Things Will Change the Way We Live and Work.”
20. Abramovich, “15 Mind-Blowing Stats about the Internet of Things.”
p35
21. Orwell, Nineteen Eighty-Four.
22. Kelly, “After Boston.”
23. American Civil Liberties Union, “What’s Wrong with Public Video Surveillance?”
24. Honovich, “Is Public Video Surveillance Eective?”
25. Baase, A Gift of Fire.
26. Godell, “Bill Gates: The Rolling Stone Interview.”
27. Mayer-Schonberger and Cukier, Big Data.
28. Pearsall, “Predictive Policing: The Future of Law Enforcement?”; Wilson, Smith, Markovic, and LeBeau, Geospatial Technology Working Group Meeting Report on Predictive
Policing.
29. Mayer-Schonberger and Cukier, Big Data.
30. Ibid., 161.
31. Isaacson, Einstein.
32. U.S. Department of Homeland Security, Baseline Capabilities for State and Major Urban Area Fusion Centers.
33. U.S. Department of Homeland Security, “Fusion Center Locations and Contact Information.”
34. U.S. Department of Homeland Security, “National Network of Fusion Centers Fact Sheet.”
35. Stanley and Steinhardt, Even Bigger, Even Weaker.
36. U.S. Department of Homeland Security, Civil Rights/Civil Liberties Impact Assessment.
37. Carter and Martinelli, “Civil Rights and Law Enforcement Intelligence.”
38. Cummins, “The Rise of Additive Manufacturing.”
39. Rosenwald, “Weapons Made with 3-D Printers Could Test Gun-Control Eorts.”
40. Winter, “Homeland Security Bulletin Warns 3D-Printed Guns May Be ‘Impossible’ to Stop.”
41. Terdiman, “Why Fear of 3D-Printed Guns Is Overblown.”
42. Eisenhower, “Annual Message to the Congress on the State of the Union (January 7, 1960).”
Ryan K. Baggett
Further Reading
;Abramovich, G. “15 Mind-Blowing Stats about the Internet of Things.” CMO by Adobe. Last modied April 17, 2015. http://www.cmo.com/articles/2015/4/13/mind-blowing-statsinternet-of-things-iot.html.
;Cummins, K. “The Rise of Additive Manufacturing.” The Engineer. Last modied May 24, 2010. http://www.theengineer.co.uk/the-rise-of-additive-manufacturing/.
;Eisenhower, D. “Annual Message to the Congress on the State of the Union (January 7, 1960).” The American Presidency Project. Accessed March 2016.
http://www.presidency.ucsb.edu/ws/?pid=12061.
;Folk, C. “U.S. Cyber Command Moves Towards ‘Lethal Cyber Weapons.'” Syracuse University, Institute for National Security and Counterterrorism. Last modied November 10,
2015. http://insct.syr.edu/us-cyber-command-moves-towards-lethal-cyber-weapons/.
;Franklin, B. Memoirs of the Life and Writings of Benjamin Franklin. Philadelphia, PA: William Duane. 1818.
;Godell, Je. “Bill Gates: The Rolling Stone Interview.” Rolling Stone, March 13, 2014.
;Guy, M. Ethical Decision Making in Everyday Work Situations. New York, NY: Quorum Books. 1990.
;Honovich, J. “Is Public Video Surveillance Eective?” Government Security News. Last modied January 9, 2009.
http://gsnmagazine.com/article/17888/public_video_surveillance_eective.
;Huesemann, M., and J. Huesemann. Technox: Why Technology Won’t Save Us or the Environment. Gabriola Island, BC: New Society Publishers. 2011.
;Isaacson, W. Einstein: His Life and Universe. New York, NY: Simon and Schuster. 2007.
;ITU. “Internet of Things Global Standards Initiative.” ITU. Accessed March 2016. http://www.itu.int/en/ITU-T/gsi/iot/Pages/default.aspx.
;American Civil Liberties Union. “Does the USA PATRIOT Act Diminish Civil Liberties?” American Civil Liberties Union. Last modied July 2008.
http://aclu.procon.org/view.answers.php?questionID=000716.
;Jeerson, T., and P. Ford. The Writings of Thomas Jeerson: 1788–1792. New York, NY: G. P. Putnam’s Sons. 1892.
;John J. Reilly Center. “Emerging Ethical Dilemmas and Policy Issues in Science and Technology 2015.” University of Notre Dame. Accessed March 2016.
http://reilly.nd.edu/outreach/emerging-ethical-dilemmas-and-policy-issues-in-science-and-technology-2015/.
;Jonas, H. Towards a Philosophy of Technology. Oxford: Blackwell Publishing. 2013.
;Kelly, H. “After Boston: The Pros and Cons of Surveillance Cameras.” CNN. Last modied April 26, 2013. http://www.cnn.com/2013/04/26/tech/innovation/security-camerasboston-bombings/.
;Macnish, Kevin. “Surveillance Ethics.” Internet Encyclopedia of Philosophy. Accessed November 2016. http://www.iep.utm.edu/surv-eth/.
;Mayer-Schonberger, V., and K. Cukier. Big Data: A Revolution That Will Transform How We Live, Work, and Think. New York, NY: Houghton Miin Harcourt. 2013.
;Orwell, G. Nineteen Eighty-Four. London, UK: Penguin Books. 2004.
;Pearsall, B. “Predictive Policing: The Future of Law Enforcement?” National Institute of Justice. Last modied June 23, 2010.
http://www.nij.gov/journals/266/Pages/predictive.aspx.
;Rosenwald, M. “Weapons Made with 3-D Printers Could Test Gun-Control Eorts.” The Washington Post. Last modied February 18, 2013.
https://www.washingtonpost.com/local/weapons-made-with-3-d-printers-could-test-gun-control-eorts/2013/02/18/9ad8b45e-779b-11e2-95e4-6148e45d7adb_story.html.
;Sales, N. “The USA PATRIOT Act Is a Vital Weapon in Fighting Terrorism.” The New York Times. Last modied May 23, 2014.
http://www.nytimes.com/roomfordebate/2011/09/07/do-we-still-need-the-patriot-act/the-patriot-act-is-a-vital-weapon-in-ghting-terrorism.
;American Civil Liberties Union. “What’s Wrong with Public Video Surveillance?” American Civil Liberties Union. Accessed March 2016. https://www.aclu.org/whats-wrong-publicvideo-surveillance.
;Scott, A. “8 Ways the Internet of Things Will Change the Way We Live and Work.” The Globe and Mail: Report on Business Magazine. Accessed March 2016.
http://www.theglobeandmail.com/report-on-business/rob-magazine/the-future-is-smart/article24586994/.
;Stanley, J., and B. Steinhardt. (Reprinted from Even Bigger, Even Weaker: The Emerging Surveillance Society. New York, NY: American Civil Liberties Union. 2007.)
;Terdiman, D. “Why Fear of 3D-Printed Guns Is Overblown.” C/NET. Last modied May 9, 2013. http://www.cnet.com/news/why-fear-of-3d-printed-guns-is-overblown/.
;U.S. Department of Homeland Security. Baseline Capabilities for State and Major Urban Area Fusion Centers: A Supplement to the Fusion Center Guidelines. Washington, DC:
4/1/2019 Print Homeland Security – CHAPTER TWO: Ethical and Privacy Implications of Technology – Section
https://apus.intelluslearning.com/lti/#/document/100734617/1/6be36650709691b8ea211cc5d0598c69/829811b0be1cb73d902f287fac9671a9/browse_… 8/8
U.S. Department of Homeland Security. 2008.
;U.S. Department of Homeland Security. “Civil Rights and Civil Liberties.” U.S. Department of Homeland Security. Last modied October 5, 2015. https://www.dhs.gov/topic/civilrights-and-civil-liberties.
;U.S. Department of Homeland Security. (Reprinted from Civil Rights/Civil Liberties Impact Assessment: DHS Support to the National Network of Fusion Centers. Washington, DC:
U.S. Department of Homeland Security. 2013.)
;U.S. Department of Homeland Security. “Fusion Center Locations and Contact Information.” U.S. Department of Homeland Security. Accessed March 2016.
http://www.dhs.gov/fusion-center-locations-and-contact-information.
;U.S. Department of Homeland Security. “National Network of Fusion Centers Fact Sheet.” U.S. Department of Homeland Security. Last modied August 21, 2015.
https://www.dhs.gov/national-network-fusion-centers-fact-sheet.
;Wadhwa, V. “Laws and Ethics Can’t Keep Pace with Technology.” MIT Technology Review. Last modied April 15, 2014. https://www.technologyreview.com/s/526401/laws-andethics-cant-keep-pace-with-technology/.
;Wilson, R., S. Smith, J. Markovic, and J. LeBeau. Geospatial Technology Working Group Meeting Report on Predictive Policing (NCJ 237409). Washington, DC: U.S. Department of
Justice, National Institute of Justice. 2009.
;Baase, S. A Gift of Fire: Social, Legal, and Ethical Issues for Computing Technology (4th ed.). Upper Saddle River, NJ: Pearson. 2012.
;Winter, J. “Homeland Security Bulletin Warns 3D-Printed Guns May Be ‘Impossible’ to Stop.” Fox News. Last modied May 23, 2015.
http://www.foxnews.com/us/2013/05/23/govt-memo-warns-3d-printed-guns-may-be-impossible-to-stop.html.
;Bailey, R. “Technology and Ethics.” Coursera. Accessed March 2016. https://www.class-central.com/mooc/1529/coursera-technology-and-ethics.
;Brown University. “A Framework for Making Ethical Decisions.” Brown University. Last modied May 2013. https://www.brown.edu/academics/science-and-technologystudies/framework-making-ethical-decisions.
;Carter, D., and T. Martinelli. “Civil Rights and Law Enforcement Intelligence.” Police Chief Magazine. Last modied June 2007.
http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=1206&issue_id=62007.
;Clubb, K., L. Kirch, and N. Patwa. “The Ethics, Privacy, and Legal Issues around the Internet of Things.” University of California-Berkley. Last modied Spring 2015.
http://www.ischool.berkeley.edu/les/projects/w231-internetofthingsnalpaper.pdf.
;Cook, T. “A Message to Our Customers.” Apple, Inc. Last modied February 16, 2016. http://www.apple.com/customer-letter/.
COPYRIGHT 2019 ABC-CLIO, LLC
This content may be used for non-commercial, course and research purposes only.
MLA Citation
Baggett, Ryan K., Chad S. Foster, and Brian K. Simpkins. “Chapter Two: Ethical And Privacy Implications Of Technology.” Homeland Security Technologies for the 21st Century,
Praeger, 2017. Praeger Security International, psi.praeger.com. Accessed 1 Apr. 2019.
http://psi.praeger.com.ezproxy2.apus.edu/Topics/Display/2072719?sid=2072710&cid=0&oid=0
Entry ID: 2072710
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