Jonesing for a Privacy Mandate, Getting a Technology Fix - Doctrine to Follow

While the Jones Court held unanimously that the Government’s use of a GPS device to track Antoine Jones’s vehicle for twenty-eight days was a Fourth Amendment search, the Justices disagreed on the facts and rationale supporting the holding. Beyond the very narrow trespass-based search theory regulating the Government’s attachment of a GPS device to Jones’s vehicle with the intent to gather information, the majority opinion does nothing to constrain government use of other tracking technologies, including cell phones, which merely involve the transmission of electronic signals without physical trespass. While the concurring opinions endorse application of the Katz reasonable expectation of privacy test to instances of government use of tracking technologies that do not depend on physical trespass, they offer little in the way of clear, concrete guidance to lower courts that would seek to apply Katz in such cases. Taken as a whole, then, the Jones opinions leave us still “Jonesing” for a privacy mandate

Distributed Security: Preventing Cybercrime, 23 J. Marshall J. Computer & Info. L. 659 (2005)

This article focuses on the modern development of cybercrime and how the current law enforcement model is inadequate to prevent and enforce computer-mediated crime. Specifically the article argues that the nation-states can better control the problem of cybercrime by replacing the current law enforcement model with that of a system of “distributed” security that uses criminal sanctions to employ reasonable measures to prevent and the perpetration of cybercrime. The article begins by defining the terms “law enforcement”, “crime”, and “cybercrime” and then moves on to discuss how the current model of law enforcement, as it stands today, is inept to conquer the issue of cybercrime due to its unique composition. However, the article does not seek to completely abandon the current model of law enforcement, but instead seeks to use this model to deal with cybercriminals. Finally, the article explains how different individuals, and organizations can use this proposed model to prevent the occurrence of cybercrime

The nerves of government: electronic networking and social control in the information society

Informatisation was introduced as a functional parameter in social and political research in 1978 (Nora & Minc 1978). Today, nearly a quarter of a century later, popular and academic political debates in the West appear to be growing increasingly aware of the intense interaction between information technology and social development. This project follows in the footsteps of this increased awareness and explores the meaning of digitisation for the socio- political concept of citizens' privacy.This project seeks to contribute to a wider body of literature that desires to provide meaningful answers to the following questions: (1) what sociotechnical trends are evident today in information privacy policies in the United Kingdom (UK) and the United States (US)? (2) What particular political visions do these trends seem to favour and what do these visions appear to suggest for the future of citizens' privacy in the West? (3) What is the potential importance of digital networking for practices of social management and control, both by governmental decision centres and commercial bodies?As case study for the above issues, the eventful appearance of two recent legislative works has been selected: the Regulation of Investigatory Powers Act (RIPA), enacted by the UK parliament in July 2000; and the Communications Assistance for Law Enforcement Act (CALEA), enacted in the US in 1994. Both Acts, which have yet to be fully implemented, in effect make it mandatory for all telecommunications operators and service providers to, among other things, ensure that their customers' communications can be intercepted by law enforcement and intelligence organisations, whose interception capabilities have been seriously hampered by the digitisation of telecommunications during the past few years.The project combines quantitative and qualitative data on RIPA and CALEA, which have been acquired through open- source, restricted or leaked government and industry reports on the subject, as well as through a number of interviews with informed individuals representing different sides of the communications interception (CI) debate. The development of communications interception is thus placed into the context of complex relationships between political actors, such as national policy experts and government advisors, state and corporate decision -makers and members of regulatory bodies

Seeking Privacy in Wireless Communications: Balancing the Right of Individual Privacy with the Need for Effective Law Enforcement

This Note concerns the problem of privacy in wireless communications. Since wireless communications use the airwaves, the communications are susceptible to interception. This Note will discuss possible solutions to this privacy problem including two solutions proposed by the Clinton Administration: 1) The Clipper Chip, an inexpensive encryption device, which will allow law enforcement to tap into communications, and 2) proposed legislation that bans technology that the government cannot decode

A Transcendental Phenomenological Study of the Lived Experiences of Law Enforcement Officers Challenges in Combatting Human Trafficking in Alabama

Human trafficking (HT) is a heinous crime that has gained international attention. Millions of people (specifically young girls and women) are affected by prostitution and sexual exploitation, the most common forms of human trafficking. Currently, anti-trafficking law enforcement agencies are struggling to respond to human trafficking due to the lack of data, the hidden nature of the crime, the current service providers, and the strategies of human trafficking task forces. The purpose of this transcendental phenomenological study will be to understand better the challenges of law enforcement officers and the impact of law enforcement officers in combatting human trafficking. The goals of the study are threefold: (1) to illustrate the experiences in their own words, (2) to identify themes surrounding efforts to combat human trafficking, and (3) to better understand how law enforcement officers perceive the challenges they must endure. A transcendental phenomenology research design will be used to obtain a detailed description that provides the basis for the essences and meanings to emerge from the perspectives of the law enforcement officers. In this study, the researcher will conduct semi-structured open-ended interviews with ten local law enforcement officers in Alabama. The data will describe the lived experience of each of the ten officers. The transcendental phenomenological research design will also utilize Moustakas\u27 processes: epoche, phenomenological reduction, imaginative variation, structural-textural, composite textural, and synthesis. The study’s findings will have implications for the criminal justice field and professional practice

Cybercrime Post-Incident Leadership Model

Cybercrimes are facts of the modern technological society. While extant literature proposes a variety of prescriptive practices to combat cybercrimes, there is scant research to address how organizational leaders should minimize the impact of cybercrimes on their companies and the community after they have occurred. This study addresses the steps leaders should take in the aftermath of cybercrimes and proposes a four-stage leadership model consisting of best practices to guide leaders in preparing, responding, and recovering from a digital or cybersecurity attack

Law enforcement\u27s reconceptualization of juvenile prostitutes from delinquency offenders to child sexual abuse victims in six US cities

The involvement of youth in prostitution has proven to be a difficult and complex issue for law enforcement, child welfare, and social service agencies to confront. This stems from the complicated social and legal aspects of the problem, which have created considerable ambiguity in how to recognize, define and, ultimately, handle juveniles engaging in prostitution. This research project examined how juvenile prostitutes were conceptualized by law enforcement, as victims or offenders, by examining the law enforcement response to this social problem. One hundred and twenty-six juvenile prostitute\u27s case files from six law enforcement agencies in major U.S. cities were reviewed for this study. This study found that 60% of youth in this sample were considered victims and 40% were viewed as offenders by law enforcement. Logistic regression was utilized to examine to predict the juveniles\u27 culpability status as a victim. The full model predicted 91% of the cases correctly and explained 67% of the variance in juveniles\u27 culpability status as a victim. Youth involved in prostitution who were more cooperative with law enforcement, whose prostitution experience involved exploiters that were identified by law enforcement, and whose case was reported to law enforcement were more likely considered sexual abuse victims. Law enforcement officers in the six agencies sampled for this study conceptualized juvenile prostitutes mostly as victims and viewed exploiters, especially pimps, to be the most culpable in cases of juvenile prostitution. However, some juvenile prostitutes were handled as offenders. In some cases law enforcement encountered difficulties in trying to protect youth involved in prostitution. This stems from the fact that many of the youth involved in prostitution are multi-problem youth who are resistant to law enforcement\u27s aid and restrictions in detaining status offenders as enacted in the JJDP act of 1974. Youth who were uncooperative with law enforcement, were acting on their own and were discovered through some type of law enforcement action were more likely, but not always, processed as offenders