Fighting Cybercrime After \u3cem\u3eUnited States v. Jones\u3c/em\u3e

In a landmark non-decision last term, five Justices of the United States Supreme Court would have held that citizens possess a Fourth Amendment right to expect that certain quantities of information about them will remain private, even if they have no such expectations with respect to any of the information or data constituting that whole. This quantitative approach to evaluating and protecting Fourth Amendment rights is certainly novel and raises serious conceptual, doctrinal, and practical challenges. In other works, we have met these challenges by engaging in a careful analysis of this “mosaic theory” and by proposing that courts focus on the technologies that make collecting and aggregating large quantities of information possible. In those efforts, we focused on reasonable expectations held by “the people” that they will not be subjected to broad and indiscriminate surveillance. These expectations are anchored in Founding-era concerns about the capacity for unfettered search powers to promote an authoritarian surveillance state. Although we also readily acknowledged that there are legitimate and competing governmental and law enforcement interests at stake in the deployment and use of surveillance technologies that implicate reasonable interests in quantitative privacy, we did little more. In this Article, we begin to address that omission by focusing on the legitimate governmental and law enforcement interests at stake in preventing, detecting, and prosecuting cyber-harassment and healthcare fraud

The problems and challenges of managing crowd sourced audio-visual evidence

A number of recent incidents, such as the Stanley Cup Riots, the uprisings in the Middle East and the London riots have demonstrated the value of crowd sourced audio-visual evidence wherein citizens submit audio-visual footage captured on mobile phones and other devices to aid governmental institutions, responder agencies and law enforcement authorities to confirm the authenticity of incidents and, in the case of criminal activity, to identify perpetrators. The use of such evidence can present a significant logistical challenge to investigators, particularly because of the potential size of data gathered through such mechanisms and the added problems of time-lining disparate sources of evidence and, subsequently, investigating the incident(s). In this paper we explore this problem and, in particular, outline the pressure points for an investigator. We identify and explore a number of particular problems related to the secure receipt of the evidence, imaging, tagging and then time-lining the evidence, and the problem of identifying duplicate and near duplicate items of audio-visual evidence

Data analytics and algorithms in policing in England and Wales: Towards a new policy framework

RUSI was commissioned by the Centre for Data Ethics and Innovation (CDEI) to conduct an independent study into the use of data analytics by police forces in England and Wales, with a focus on algorithmic bias. The primary purpose of the project is to inform CDEI’s review of bias in algorithmic decision-making, which is focusing on four sectors, including policing, and working towards a draft framework for the ethical development and deployment of data analytics tools for policing. This paper focuses on advanced algorithms used by the police to derive insights, inform operational decision-making or make predictions. Biometric technology, including live facial recognition, DNA analysis and fingerprint matching, are outside the direct scope of this study, as are covert surveillance capabilities and digital forensics technology, such as mobile phone data extraction and computer forensics. However, because many of the policy issues discussed in this paper stem from general underlying data protection and human rights frameworks, these issues will also be relevant to other police technologies, and their use must be considered in parallel to the tools examined in this paper. The project involved engaging closely with senior police officers, government officials, academics, legal experts, regulatory and oversight bodies and civil society organisations. Sixty nine participants took part in the research in the form of semi-structured interviews, focus groups and roundtable discussions. The project has revealed widespread concern across the UK law enforcement community regarding the lack of official national guidance for the use of algorithms in policing, with respondents suggesting that this gap should be addressed as a matter of urgency. Any future policy framework should be principles-based and complement existing police guidance in a ‘tech-agnostic’ way. Rather than establishing prescriptive rules and standards for different data technologies, the framework should establish standardised processes to ensure that data analytics projects follow recommended routes for the empirical evaluation of algorithms within their operational context and evaluate the project against legal requirements and ethical standards. The new guidance should focus on ensuring multi-disciplinary legal, ethical and operational input from the outset of a police technology project; a standard process for model development, testing and evaluation; a clear focus on the human–machine interaction and the ultimate interventions a data driven process may inform; and ongoing tracking and mitigation of discrimination risk

Analiza povezanosti pametnih mest s policijsko in kriminalistično dejavnostjo

Purpose: The main objective is to present the symbiosis between smart cities, policing, criminal investigation and criminal intelligence. Moreover, another purpose is to critically address the underlying privacy concerns arising from smart city designs. Design/Methods/Approach: The paper is theoretical in scope and utilises a literature review as the basic method. Correlations between smart cities, policing and criminal investigations are identified by analysing the applicability of core smart city technologies and services [SCTS]. Findings: It is evident that SCTS can influence policing styles and police effectiveness. SCTS hold great potential for criminal investigations and criminal intelligence as they provide information upon which police can develop investigations or crime-control strategies. Vice-versa, criminal investigations and criminal intelligence can provide guidelines for SCTS developers and the governance of smart cities. However, privacy concerns and the slowly developing regulatory framework remain the biggest issues when it comes to SCTS adoption, thus making measures to safeguard privacy a key factor for the legitimacy of smart cities and smart policing. Practical Implications: The paper introduces practical knowledge about the implications of smart cities for policing and crime investigation. Some research ideas are presented as well as suggestions for legislators, developers and others whose work area falls in the scope of (smart) city governance. Originality/Value: A comprehensive study of the symbiosis between smart cities and policing must not only consider the potential of SCTS but the related need to develop regulation and skillsets of human resources. Only a handful of papers address the connectivity of smart cities, criminal investigations and criminal intelligence from such a multidisciplinary scope. Therefore, the paper represents a contribution to works discussing these concepts.Namen prispevka: Namen prispevka je predstaviti simbiozo med pametnimi mesti, policijsko dejavnostjo, kriminalističnim preiskovanjem in kriminalističnoobveščevalno dejavnostjo. V tem kontekstu je podan tudi kritični razmislek o izzivih in dilemah, povezanih z varstvom zasebnosti. Metode: Prispevek je teoretične narave in temelji na pregledu literature. Korelacije med temeljnimi pojmi (pametna mesta, policijska in kriminalistična dejavnost) smo identificirali z analizo temeljnih tehnologij, sistemov in storitev, ki podpirajo delovanje pametnih mest. Ugotovitve: Tehnologije pametnih mest omogočajo razvoj novih oblik policijskega dela in imajo potencial za izboljšanje policijske učinkovitosti. Funkcionalnost tehnologij je razvidna tudi na področju kriminalistične dejavnosti, ki lahko z obdelovanjem podatkov in njihovo uporabo bolje načrtuje kriminalistične preiskave in razvija strategije preprečevanja kriminalitete. Simbioza je opazna tudi z nasprotnega vidika – s podajanjem smernic lahko kriminalistična in policijska dejavnost pomagata upravljavcem pametnih mest in razvojnikom tehnologij ter rešitev. Glavni izziv predstavlja varovanje zasebnosti in osebnih podatkov prebivalcev, zato so mehanizmi za preprečevanje zlorab ključni faktor legitimnosti pametnih mest in policijske dejavnosti. Praktična uporabnost: V prispevku so predstavljena uporabna znanja glede potencialov pametnih mest za izvajanje policijske in kriminalistične dejavnosti, prav tako tudi predlogi za raziskovalce in oblikovalce politik, razvojnike in druge, ki delujejo na področju upravljanja (pametnih) mest. Izvirnost/pomembnost prispevka: Če želimo razumeti sistem dejavnikov, ki vplivajo na simbiozo med policijsko dejavnostjo in pametnimi mesti, je treba upoštevati ne samo potenciale različnih tehnologij in rešitev, temveč tudi potrebe in dileme, ki se pojavijo sočasno s tehnološkim razvojem, primarno na področju razvoja kadrovskih kompetenc in prilagoditve normativnih okvirjev. Pregled literature pokaže, da obstajajo redke znanstvene objave, ki multidimenzionalno proučujejo simbiozo pametnih mest in policijske dejavnosti. Prispevek zato dopolnjuje obstoječa dela in znanja na tem področju

Big Data technologies in criminal investigations: the frames of the members of Judiciary Police in Portugal

"First published online August 13, 2023"Big Data has been increasingly implemented in police departments. In the Judiciary Police in Portugal, although it is at an early stage of implementation, there are no studies on the topic. Based on 16 interviews with members of the Judiciary Police, their frames that portray Big Data’s benefits and harms in criminal investigations are explored. The benefits portrayed are related to its capabilities to help fight organized and transnational crimes, advance criminal investigations, and expand the availability of sets of information. The harms focus on the lack of regulatory documents, threats to human rights, and the probability of obtaining erroneous conclusions. A critical analysis of these frames may contribute to reflecting on their role to inform technology developments in policing settings, with implications for inequalities, and crime control.The author(s) disclosed receipt of the following financial support for the research, authorship, and/ or publication of this article: This work is supported by national funds through FCT—Fundação para a Ciência e a Tecnologia, I.P., under a PhD Research Studentship with the reference 2020.04764.BD (attributed to Laura Neiva) and under the project UIDB/00736/2020 (base funding) and UIDP/00736/2020 (programmatic funding)

Big Data Policing:The Use of Big Data and Algorithms by the Netherlands Police

In recent years, the rise of big data has revolutionized many domains, including policing. Research is lacking, however, on the various ways in which the police use big data applications. This study provides new insights into the ways the Netherlands Police currently use big data and algorithmic applications. Based on a novel data source—job vacancies in the IT domain for the Netherlands Police—we distinguish three areas in which big data is used: frontline policing, criminal investigations, and intelligence. Our research shows that the use of big data by the Netherlands Police mainly involves relatively simple applications and that—in contrast to police forces in the USA—big data applications with the objective of assessing risks are the least common. The research also shows that big data policing leads to greater discretionary powers for police functions such as software developers and network designers

Big Data Policing:The Use of Big Data and Algorithms by the Netherlands Police

In recent years, the rise of big data has revolutionized many domains, including policing. Research is lacking, however, on the various ways in which the police use big data applications. This study provides new insights into the ways the Netherlands Police currently use big data and algorithmic applications. Based on a novel data source—job vacancies in the IT domain for the Netherlands Police—we distinguish three areas in which big data is used: frontline policing, criminal investigations, and intelligence. Our research shows that the use of big data by the Netherlands Police mainly involves relatively simple applications and that—in contrast to police forces in the USA—big data applications with the objective of assessing risks are the least common. The research also shows that big data policing leads to greater discretionary powers for police functions such as software developers and network designers

Big Data solutions for law enforcement

Big Data, the data too large and complex for most current information infrastructure to store and analyze, has changed every sector in government and industry. Today’s sensors and devices produce an overwhelming amount of information that is often unstructured, and solutions developed to handle Big Data now allowing us to track more information and run more complex analytics to gain a level of insight once thought impossible. The dominant Big Data solution is the Apache Hadoop ecosystem which provides an open source platform for reliable, scalable, distributed computing on commodity hardware. Hadoop has exploded in the private sector and is the back end to many of the leading Web 2.0 companies and services. Hadoop also has a growing footprint in government, with numerous Hadoop clusters run by the Departments of Defense and Energy, as well as smaller deployments by other agencies. One sector currently exploring Hadoop is law enforcement. Big Data analysis has already been highly effective in law enforcement and can make police departments more effective, accountable, efficient, and proactive. As Hadoop continues to spread through law enforcement agencies, it has the potential to permanently change the way policing is practiced and administered