Spying, Ethics & Prudence
It was recently revealed that the NSA had been tapping the phones of world leaders, such as Germany’s Chancellor Merkel. Naturally enough, these leaders expressed shock and outrage at this practice. Equally naturally, experts on espionage have tended to note that this shock and outrage is mere theater—such leaders surely knew that they were being spied on. After all, they themselves head up countries with robust espionage systems that no doubt spy on everything they can spy on.
While not an expert on espionage, I have noted the various revelations over the years involving close allies spying on and stealing secrets from each other. As such, I was not shocked by the fact that the NSA had been spying on everyone they could spy on. In addition to having learned the lesson of history, I also accept the reality of the principle of Totally in Everyone’s Business. This is the principle that all states endeavor to get totally into everyone’s business to the degree that their capabilities allow. Or, put another way, states endeavor to spy as much as they possibly can. The main limiting factors on the totality include such factors as technology, competence, money, and human resources. Ethics and law are generally not limiting factors—as history clearly shows. Since I was aware that the NSA had the capacity to spy on American citizens and world leaders alike, I inferred that they were doing so.
There is also the fact that snooping, like cocaine, is addictive and it requires ever more to satisfy that desire. In general, people do like to snoop and once they get a taste of snooping, they often want more. As with any addiction, people can quickly become reckless and a bit irrational. This could be called the principle of addictive snooping. So, once the NSA snoops got to snooping, they really wanted to expand that snooping.
Another factor is the fact that folks in power tend to be a bit paranoid. Since they are usually up to something, they tend to believe that other people are also up to something. Hence, they tend to believe they need to keep an eye on these people—be they fellow citizens, foreign citizens or allied leaders.
As noted above, such espionage is generally not limited by ethics or law (although countries like the United States will go through the most insane legal gymnastics to give such things a coat of legal paint). Recently I was listening to bit on NPR about the spying and one of the commentators noted that in espionage it is a matter of prudence rather than morality. This stuck with me because I had recently been teaching Kant’s ethics and Kant makes a clear distinction between acting from prudence (what is “smart”) and acting from duty (what is right). In the case of espionage, the idea is the usual consequentialist calculation: is the potential for gain worth the risk? In the case of spying on allies, it is a matter of sorting out the likely damage from the revelation and the potential gains from such spying. In the case of established allies like Germany, it seems reasonable to take the harm to exceed the potential for gain. Then again, given the history of Germany perhaps keeping a close eye on everything might not be such a bad idea.
The notion that espionage is about prudence rather than ethics is part of a common notion that ethics is a luxury that cannot be afforded in the context of matters of great importance. This seems to rest on the assumption that ethics is for easy and safe matters. This is, of course, somewhat ironic given that it is in the hard and unsafe matters that ethics is most needed. It is rather like saying that safety gear is for the safe climbing situations and one should just go naked when the climbing gets really dangerous.
Of course, it can be countered that such matters as international espionage deal with things that are so serious and that the stakes are so high that one cannot be handcuffed by the restraints of ethics. By analogy, this would be like trying to fight with one hand tied behind your back. People also make the same argument when it comes to things like torture and assassination: we have to do these things to be safe and ethics must be set aside so we can preserve what is of value.
There are two obvious problems here. One is the usual concern that if we set aside our ethical values, then we have already destroyed what is of value. The second is the fact that judging what is of value and what should be done in its defense are matters of ethics. As such, this would be like saying that one must throw away his tape measure so that he might properly measure the board he is about to cut. However, his tape measure is just what he needs in order to make the proper cut. Likewise, to make decisions about such things as spying, torture and assassination we need our ethical values. To say they must be set aside is itself a moral judgment: it is the judgment that we should do wrong to achieve some end and pretend that we are not really doing what is wrong—just what is in our interest or expedient.