Responding to Cross Border Child Trafficking in South Asia: An Analysis of the Feasibility of a Technologically Enabled Missing Child Alert System

This report examines the feasibility of a technologically enabled system to help respond to the phenomenon of cross-border child trafficking in South Asia, and makes recommendations on how to proceed with a pilot project in the selected areas of Bangladesh, Nepal and India. The study was commissioned by the Missing Child Alert (MCA) programme which is an initiative led by Plan. MCA is an initiative to address cross-border child trafficking in South Asia, led by Plan. The aim of the programme is to link existing institutions, mechanisms and resources in order to tackle the phenomenon from a regional perspective. To achieve this, Plan propose to implement a technologically equipped, institutionalised system of alert that can assist in the rescue, rehabilitation, repatriation and reintegration of children who are at risk of, or are victims of, cross-border trafficking

The Australian Cyber Security Centre threat report 2015

Introduction: The number, type and sophistication of cyber security threats to Australia and Australians are increasing. Due to the varied nature of motivations for cyber adversaries targeting Australian organisations, organisations could be a target for malicious activities even if they do not think the information held on their networks is valuable, or that their business would be of interest to cyber adversaries. This first unclassified report by the ACSC describes the range of cyber adversaries targeting Australian networks, explains their motivations, the malicious activities they are conducting and their impact, and provides specific examples of activity targeting Australian networks during 2014. This report also offers mitigation advice on how organisations can defend against these activities. The ACSC’s ability to detect and defend against sophisticated cyber threats continues to improve. But cyber adversaries are constantly improving their tradecraft in their attempts to defeat our network defences and exploit the new technologies we embrace. There are gaps in our understanding of the extent and nature of malicious activity, particularly against the business sector. The ACSC is reaching out to industry to build partnerships to improve our collective understanding. Future iterations of the Threat Report will benefit from these partnerships and help to close gaps in our knowledge

Beyond \u3ci\u3eMicrosoft\u3c/i\u3e: A Legislative Solution to the SCA’s Extraterritoriality Problem

The Stored Communications Act governs U.S. law enforcement’s access to cloud data, but the statute is ill equipped to handle the global nature of the modern internet. A pending U.S. Supreme Court case, United States v. Microsoft, raises the question whether a warrant under the statute may be used to reach across international borders to obtain data that is stored in another country, regardless of the user’s nationality. While the Court will determine whether this is an impermissible extraterritorial application of the current law, many have called for a legislative resolution to this issue. Due to the insufficiency of the current law, the limits of traditional judicial doctrines, and the inherent advantages the legislature has over the judiciary in addressing technological change, this Note also recommends a legislative resolution. Building upon a legislative proposal, this Note proposes a framework with two separate sets of legal procedures based on user identity. These separate domestic and extraterritorial procedures provide a framework that would set clear guidelines for law enforcement and service providers while giving due respect to foreign sovereignty

Customs, Immigration, and Rights: Constitutional Limits on Electronic Border Searches

The warrantless search of travelers’ electronic devices as they enter and exit the United States is rapidly increasing. While the Supreme Court has long recognized a border-search exception to the Fourth Amendment’s warrant requirement, it applies to only two interests: promoting the duty regime and preventing contraband from entering the country; and ensuring that individuals are legally admitted. The government’s recent use of the exception goes substantially beyond these matters. U.S. Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) are using it to search electronic devices, and at times the cloud, for evidence of any criminal activity, bypassing the warrant requirement altogether. Searches of these devices implicate privacy concerns well beyond those of the home, which has long been protected even for customs and immigration purposes. This Essay traces the evolution of the border exception, noting the effect of recent Supreme Court decisions, to argue that CBP and ICE are operating outside constitutional constraints. The Essay considers two objections grounded in the legitimate interests of CBP and ICE. It responds, first, that inspection of digital devices differs from the examination of a traveler’s purse or luggage: the level of intrusion and the amount of information obtained changes the quality of the search, triggering Fourth Amendment protections. Second, as an immigration matter, as soon as citizens are identified, absent probable cause, the government does not have the constitutional authority to search their devices at all. Foreigners lacking a substantial connection to the country, however, do not enjoy the same Fourth Amendment protections. It concludes by observing that because of the substance and complexity of the issue, Congress has an important role to play in determining what types of searches are justified

PRECEPT:a framework for ethical digital forensics investigations

Purpose: Cyber-enabled crimes are on the increase, and law enforcement has had to expand many of their detecting activities into the digital domain. As such, the field of digital forensics has become far more sophisticated over the years and is now able to uncover even more evidence that can be used to support prosecution of cyber criminals in a court of law. Governments, too, have embraced the ability to track suspicious individuals in the online world. Forensics investigators are driven to gather data exhaustively, being under pressure to provide law enforcement with sufficient evidence to secure a conviction. Yet, there are concerns about the ethics and justice of untrammeled investigations on a number of levels. On an organizational level, unconstrained investigations could interfere with, and damage, the organization’s right to control the disclosure of their intellectual capital. On an individual level, those being investigated could easily have their legal privacy rights violated by forensics investigations. On a societal level, there might be a sense of injustice at the perceived inequality of current practice in this domain. This paper argues the need for a practical, ethically-grounded approach to digital forensic investigations, one that acknowledges and respects the privacy rights of individuals and the intellectual capital disclosure rights of organisations, as well as acknowledging the needs of law enforcement. We derive a set of ethical guidelines, then map these onto a forensics investigation framework. We subjected the framework to expert review in two stages, refining the framework after each stage. We conclude by proposing the refined ethically-grounded digital forensics investigation framework. Our treatise is primarily UK based, but the concepts presented here have international relevance and applicability.Design methodology: In this paper, the lens of justice theory is used to explore the tension that exists between the needs of digital forensic investigations into cybercrimes on the one hand, and, on the other, individuals’ rights to privacy and organizations’ rights to control intellectual capital disclosure.Findings: The investigation revealed a potential inequality between the practices of digital forensics investigators and the rights of other stakeholders. That being so, the need for a more ethically-informed approach to digital forensics investigations, as a remedy, is highlighted, and a framework proposed to provide this.Practical Implications: Our proposed ethically-informed framework for guiding digital forensics investigations suggest a way of re-establishing the equality of the stakeholders in this arena, and ensuring that the potential for a sense of injustice is reduced.Originality/value: Justice theory is used to highlight the difficulties in squaring the circle between the rights and expectations of all stakeholders in the digital forensics arena. The outcome is the forensics investigation guideline, PRECEpt: Privacy-Respecting EthiCal framEwork, which provides the basis for a re-aligning of the balance between the requirements and expectations of digital forensic investigators on the one hand, and individual and organizational expectations and rights, on the other

Police Knowledge Exchange: Full Report 2018

[Executive Summary] This report was commissioned to explore the enablers and barriers to sharing within and between police forces and between police forces and partners, including the public. This was completed from an interdisciplinary review of international literature covering sharing, knowledge exchange, learning and organisational learning. The literature broke down into four main factors; who, why, what and how. An introduction to the literature is presented with ‘Who’ is sharing which considers both personal identity and different institutional issues. The ‘Why’ literature covers issues of cultural and community motivators and barriers. The ‘What’ segment reviews concepts of data, information and knowledge and related legislative issues. Finally, the ‘how’ section spans face to face sharing approaches to technologies that produce both enablers and barriers. A series of 42 in-depth interviews and focus groups were completed and combined with 47 survey responses . The aim of the interviews, focus groups and survey was to show perceptions and beliefs around knowledge sharing from a small sample across policing in order to complement the findings from the literature review. The survey was adapted from a standardised questionnaire (Biggs, 1987). The Biggs questionnaire focused on what motivated students to learn and how they approached their learning. Our adapted survey looked at what motivated police to share, and how they approached sharing. The responses showed a trend, across the police, towards a motivation for sharing to develop a deeper understanding of issues. However, the approaches and the strategies they used to share with others, which were primarily driven by achieving and surface approaches (to get promoted and get the job done). According to Biggs (1987) this could leave them discontented as they never progress to a deeper understanding of issues. Scaffolding sharing within the police through processes that are clearly defined, effective and valued could help to overcome these issues. Within the interviews and focus group findings a similar structured approach to sharing was adopted. Within the ‘who’ section some key aspects around personal relationships, reciprocity and reputation were identified. The ‘why’ the police share was one of the largest discussion points. Not only was there a deep motivation to solve key policing issues there was an approach of reciprocity. Police sharing was deeply motivated to support ‘good practice’ in the prevention and detection of crime. However, a sharing barrier was identified in the parity of value given to different types of knowledge for example between professional judgement and research evidence knowledge. Sharing was achieved when there were reciprocal benefits, in particular with personal networks or face to face sharing which was noted as ‘safe’. Again, this was inhibited by misunderstandings around the ‘risks’ of sharing, frequently attributed to data protection legislation; producing cautious reactions and as an avoidance tactic to save time and effort sharing. However, a divide was noted between technical users and those who avoided any online systems for sharing; often due to poorly designed systems and a lack of confidence in how to use systems. The police culture was identified as being risk-adverse, and competitive due to multiple factors, a lack of supported time to share, Her Majesty’s Inspectorate of Constabulary (HMIC) reviews and promotion criteria. The result was perceived to be a poor cultural ability to learn from mistakes and a likelihood to repeat errors. A set of strategic recommendations are given and include the use of a sharing authorised professional practice for HMIC reviews, sharing networks and training. A further set of operational recommendations are given such as; sharing impact cases for evidence based practice, data sharing officers and evaluating mechanisms for sharing. This full report is supported by the Police Knowledge Exchange Summary Report 2018 which gives an overview of the findings and recommendations