Law and Ethics in Intelligence
Law and Ethics in Intelligence
Question 1
The constitution allows a sneak and peeks search warrant, whereby they can search through the intangible property. Section 213 permits delayed notice searches in any federal crime, and they are not limited to acts of terrorism (Burney, 2007). However, for one to obtain this warrant, the government is expected to give the court reasonable cause, which shows that providing search notice would have adverse results. These results are described as those that can put a person’s life in danger, or where the suspect can escape from prosecution, tampering or damaging of evidence, the intimidation of potential suspects, or if there is a possibility of jeopardizing an investigation or ultimately delaying a trial (Burney, 2007). In the above situations, the government can be given a chance for delayed notification of a search warrant.
Therefore, the reasons for the delayed notification involves a situation whereby that act will lead to a faster solving of the case, or it will ensure that the suspect does not tamper with evidence or run away without facing justice. The act can also be used in cases of terrorist attacks. This is because they require the government to respond faster and thus the government may opt to perform investigations and look for evidence at the soonest time possible.
Question 2
The congress is an important part of the government, and it makes most of the decisions involving public matters. Therefore, the Congress is better suited to ensure that they put the interests of the people first and make decisions that will positively impact on their work. The Congress knows that it will be judged based on their performance and they understand that the PATRIOT ACT is meant to bring about security to the United States and safeguard the interests of the people. Therefore, they will try not to fail on a front that affects the people who put them in power. The issue of oversight is given to the Congress because they pass most of the crucial decisions. The Congress is given a chance to ensure the elimination of unnecessary duplication within the intelligence community while ensuring they make decisions that will better raise the standards of the country while protecting it from attacks (Erwin, 2013). Therefore, the Congress is most likely to ensure that the decisions made are in the well-being of the nation and looks keenly at security issues. The Congress has the most powers to oversee such oversight, and it has a better platform to discuss the issues of interest in such cases and ensure that the government is acting accordingly and putting the nation’s interest first.
Question 3
This subtitle deals with diplomacy and the military in the war against terrorism. This act tries to fight the war against terrorism while at the same time; it insinuates that these terrorists are Muslims and other Middle Eastern nations. The act provides grants to schools sponsored by America in the Muslim dominated areas (US Department of State, 2004). The act tries to bring a better understanding between Muslims and Middle Eastern nations in a bid to reduce issues of terrorism. This is a good policy because it understands areas of threat and tries to come up with ways to curb them. The policy shows that the United States is willing to maintain a good relationship with these nations. However, if this does not work, the nation is also determined to find ways to protect itself from these countries. The policy also discusses other issues of concern like its relationship with Pakistan, terrorist sanctuaries, the country’s relationship with Saudi Arabia, and its efforts to fight Islamist terrorism, among other issues. This shows the country’s determination and dedication in the war against terrorism. On the downside, this policy may result in too many Middle Eastern nation feeling uneasy with how the United States thinks about them. The same case applies to Muslims who might feel like the government of the United States regards them as terrorists.
Question 4
The Director of National Intelligence (DNS) was meant to serve as the head of the intelligence community, to act as the core adviser to the President, the Homeland Security Council, and the National Security Council on matters of astuteness related to security (US Department of State, 2004). And finally, he was tasked to direct and oversee the operation of the National Intelligence Program (US Department of State, 2004). Therefore, the DNS is expected to ensure that intelligence information gets to the president, the senior military commanders, the senate and the house of representatives, the heads of departments in the executive branch. This position was important to ensure that all-important party was informed about matters of intelligence and found out about these issues in good time. The position ensured that information spread smoothly and the senior and important officials found out something when it happened and thus they had ample time to know how to respond (US Department of State, 2004). The situation also eased the pressure on the government officials since they could deal with containing a situation rather than figuring out how to inform other parties of interest. This situation offered a platform for the director to gauge whether the information is objective, timely, and independent of political consideration before disseminating it. Therefore, the information being distributed is important, and other factors do not influence it.
Question 5
Title II of the Intelligence Reform and Terrorist Prevention Act aims at improving and making the Federal Bureau of Investigations more efficient. It aims at improving the intelligence capabilities of the FBI. This title directs the head of the FBI to raise the efforts of the FBI and sustain a countrywide intelligence personnel in the FBI. It requires the director establish some career positions involving national intelligence matters, recruit agent who is qualified and with skills and a background that is relevant to the intelligence mission, and provide ample and efficient training for the agents in opportunities and intelligence for the national intelligence assignments (US Government, 2004). The improvements are meant to ensure that the efficiency of the FBI is higher and that the people recruited have what it takes to ensure they serve the set goals to secure the country. It also required the director to come up with a budget structure that encompassed all the four principal tasks of the Bureau; counterterrorism and counterintelligence, intelligence, federal crimes/criminal innovativeness, and criminal justice facilities (US Government, 2004). This was meant to raise the standards of the FBI and develop it into a crucial aspect of the government, which would play a major role in issues of security.
References
Burney, B. (2007, July/August). The Patriot Act. Retrieved from http://www.americanbar.org/newsletter/publications/gp_solo_magazine_home/gp_solo_magazine_index/patriot_act.html
Erwin, M. C. (2013, April 23). Intelligence Issues for Congress. Washington: US Congress.
US Department of State. (2004, December 17). International Reform and Terrorism Prevention Act of 2004. Retrieved from https://www.state.gov/m/ds/hstcenter/41449.htm
US Government. (2004). Intelligence Reform and Terrorism Prevention Act of 2004. Retrieved from https://www.congress.gov/108/plaws/publ458/PLAW-108publ458.pdf
