‘Smart Law’ for Intelligence! – Adam D.M. Svendsen

The purpose of this brief article is to argue that intelligence continues to need to experience a better configuration of the law, including that status being sustained over time. Conceptualised similarly to that of ‘Smart Power’, appropriately balancing ‘hard’ and ‘soft’ forms and approaches, the configuration of law sought is referenced in this article as finding constantly adaptable ‘Smart Law’. The article concludes that both human intelligence (HUMINT) and especially much larger scaled technical intelligence (TECHINT) work would further benefit from the adoption of more sophisticated legal approaches. Without increasingly tolerant and more accommodating ‘smart(er)’ forms of law figuring with regard to intelligence and its closely related enterprises, such as acutely demanding surveillance work, wider situations will quickly unravel, will spiral more out of control, and command ability will be more stymied, with resulting detrimental portent for all concerned into the future, wherever they precisely sit or stand.

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