This paper describes the nature of digital intelligence and provides context for the material published as a result of the actions of National Security Agency contractor Edward Snowden. It looks at the dynamic interaction between demands from government and law enforcement for digital intelligence, and at the new possibilities that digital technology has opened up for meeting such demands. The adequacy of previous regimes of legal powers and governance arrangements is seriously challenged just at a time when the objective need for intelligence on the serious threats facing civil society is apparent. This paper suggests areas where it might be possible to derive international norms, regarded as promoting standards of accepted behaviour that might gain widespread, if not universal, international acceptance, for the safe practice of digital intelligence.
