BEWARE THE GIFT OF POISON FRUIT Intelligence sharing networks should require minimum guarantees Intelligence sharing networks have greatly increased in the years since 2001. At the UN, the Counter-terrorism Committee declared one of the aims to be to further develop intelligence-sharing and cooperative action between agencies, indicating that the growth of such networks is likely to continue. 53 Recognising that intelligence networks should share information, robust professional standards, grounded in international law, should govern their operation. Such networks should work to improve the standards of less professional agencies in the network, in a process labelled as ‘acculturation’, by commentators Ryan Goodman and Derek Jinks. 54 Elizabeth Sepper supports the approach, explaining by example: “if Jordanian intelligence understands that complying with standards like caveating for reliability or not sharing information obtained through torture is a precondition for inclusion and good reputation in the network, it will obey the standards out of a desire to join or become a respected member of the group.”55 Requiring such standards from partners will inevitably cause some agencies to hesitate before sharing information. Nevertheless, the misuse of information and any human rights abuses such as torture that are solicited through requests for information will have the same effect, and reduce the effective capability of the intelligence agency. Intelligence oversight Oversight of cooperation agreements is a crucial element of civilian control in a democratic State. Oversight has been criticised for being unable to consider the ‘originator control’ or ‘third party rule’ of intelligence cooperation. These rules require that the originator limits the use and sharing of intelligence, including to third parties such as oversight bodies. However, even if these rules are carefully Sir Jeremy Greenstock, press conference, 19 October 2001, as quoted in M. Herman, ‘Ethics and Intelligence after September 2001, in in J. Goldman (ed.), Ethics of Spying (Volume 2) (Scarecrow Press, Lanham: 2010), pp.103–120, at 111. 54 E. Sepper, ‘Democracy, Human Rights and Intelligence Sharing’, Texas International Law Journal, Vol. 46:151, 2010, 151–207, at 163. 55 E. Sepper, ‘Democracy, Human Rights and Intelligence Sharing’, Texas International Law Journal, Vol. 46:151, 2010, 151–207, at 164. 53 40