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This chapter focusses on the ethical issues raised by different types of surveillance and the varied ways in which surveillance can be covert. Three case studies are presented which highlight different types of surveillance and different ethical concerns. The first case concerns the use of undercover police to infiltrate political activist groups over a 40-year period in the UK. The second case study examines a joint operation by US and Australian law enforcement agencies: the FBI’s operation Trojan Shield and the AFP’s Operation Ironside. This involved distributing encrypted phone handsets to serious criminal organisations which included a ‘backdoor’ secretly sending encrypted copies of all messages to law enforcement. The third case study analyses the use of emotional artificial intelligence systems in educational digital learning platforms for children where technology companies collect, store and use intrusive personal data in an opaque manner. The authors discuss similarities and differences in the ethical questions raised by these cases, for example, the involvement of the state versus private corporations, the kinds of information gathered and how it is used.

Large-scale data analytics have raised a number of ethical concerns. Many of these were introduced in a seminal paper by boyd and Crawford and have been developed since by others (boyd & Crawford, 2012; Lagoze, 2014; Martin, 2015; Mittelstadt, Allo, Taddeo, Wachter, & Floridi, 2016). One such concern which is frequently recognised but under-analysed is the focus on correlation of data rather than on the causative relationship between data and results. Advocates of this approach dismiss the need for an understanding of causation, holding instead that the correlation of data is sufficient to meet our needs. In crude terms, this position holds that we no longer need to know why X+Y=Z. Merely acknowledging that the pattern exists is enough.

In this chapter, the author explores the ethical implications and challenges surrounding a focus on correlation over causation. In particular, the author focusses on questions of legitimacy of data collection, the embedding of persistent bias, and the implications of future predictions. Such concerns are vital for understanding the ethical implications of, for example, the collection and use of ‘big data’ or the covert access to ‘secondary’ information ostensibly ‘publicly available’. The author’s conclusion is that by failing to consider causation, the short-term benefits of speed and cost may be countered by ethically problematic scenarios in both the short and long term.