Cloudy days ahead: Cross-border evidence collection and its impact on the rights of EU citizens

2019 ◽  
Vol 10 (3) ◽  
pp. 227-250
Author(s):  
Lawrence Siry
Keyword(s):  
Law Enforcement ◽  
Cloud Storage ◽  
The United States ◽  
Legal Assistance ◽  
The European Union ◽  
Law Enforcement Agencies ◽  
Cross Border ◽  
Use Of Data ◽  
Evidence Collection ◽  
The Impact

In recent years, the development of cloud storage and the ease of cross-border communication have rendered the area of evidence collection particularly difficult for law enforcement agencies (LEAs), courts and academics. Evidence related to a criminal act in one jurisdiction might be stored in a different jurisdiction. Often it is not even clear in which jurisdiction the relevant data are, and at times the data may be spread over multiple jurisdictions. The traditional rules related to cross-border evidence collection, the mutual legal assistance treaty (MLAT) regimes, have proved to be out-dated, cumbersome and inefficient, as they were suited for a time when the seeking of cross-border evidence was more infrequent. In order to tackle this problem, the United States has enacted the Clarifying Lawful Overseas Use of Data Act, which gives extraterritorial e-evidence collection powers to US courts. Simultaneously, the European Union (EU) has proposed similar sweeping changes which would allow for LEAs in Member States to preserve and collect cloud-based evidence outside of the MLAT system. This article critically evaluates these developments from the perspective of the impact on the rights of EU citizens.

scholarly journals Facial recognition in police hands: Assessing the ‘Clearview case’ from a European perspective

2020 ◽  
Vol 11 (3) ◽  
pp. 375-389
Author(s):  
Isadora Neroni Rezende
Keyword(s):  
European Union ◽  
Law Enforcement ◽  
Data Protection ◽  
Facial Recognition ◽  
The United States ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies

Since 2019, over 600 law enforcement agencies across the United States have started using a groundbreaking facial recognition app designed by Clearview AI, a tech start-up which now plans to market its technology also in Europe. While the Clearview app is an expression of the wider phenomenon of the repurposing of privately held data in the law enforcement context, its use in criminal proceedings is likely to encroach on individuals’ rights in unprecedented ways. Indeed, the Clearview app goes far beyond traditional facial recognition tools. If these have been historically limited to matching government-stored images, Clearview now combines its technology with a database of over three billion images published on the Internet. Against this background, this article will review the use of this new investigative tool in light of the European Union (EU) legal framework on privacy and data protection. The proposed assessment will proceed as follows. Firstly, it will briefly assess the lawfulness of Clearview AI’s data scraping practices under the General Data Protection Regulation. Secondly, it will discuss the transfer of scraped data from the company to EU law enforcement agencies under the regime of the Directive 2016/680/EU (the Directive). Finally, it will analyse the compliance of the Clearview app with art 10 of the Police Directive, which lays down the criteria for lawful processing of biometric data. More specifically, this last analysis will focus on the strict necessity test, as defined in the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights. Following this assessment, it will be argued that the Clearview app’s use in criminal proceedings is highly problematic in light of the EU legislation on privacy and data protection.

Six Years Later

2018 ◽  
Vol 45 (4) ◽  
pp. 366-381 ◽  
Author(s):  
David Décary-Hétu ◽  
Vincent Mousseau ◽  
Sabrina Vidal
Keyword(s):  
United States ◽  
Law Enforcement ◽  
Slow Rate ◽  
Drug Users ◽  
Illicit Drugs ◽  
Technical Skills ◽  
The United States ◽  
Drug Markets ◽  
Law Enforcement Agencies ◽  
The Impact

Cryptomarkets are online illicit marketplaces where drug dealers advertise the sale of illicit drugs. Anonymizing technologies such as the Tor network and virtual currencies are used to hide cryptomarket participants’ identity and to limit the ability of law enforcement agencies to make arrests. In this paper, our aim is to describe how herbal cannabis dealers and buyers in the United States have adapted to the online sale of herbal cannabis through cryptomarkets. To achieve this goal, we evaluate the size and scope of the American herbal cannabis market on cryptomarkets and compare it to other drug markets from other countries, evaluate the impact of cryptomarkets on offline sales of herbal cannabis, and evaluate the ties between the now licit herbal cannabis markets in some States and cryptomarkets. Our results suggest that only a small fraction of herbal cannabis dealers and drug users have transitioned to cryptomarkets. This can be explained by the need for technical skills to buy and sell herbal cannabis online and by the need to have access to computers that are not accessible to all. The slow rate of adoption may also be explained by the higher price of herbal cannabis relative to street prices. If cryptomarkets were to be adopted by a larger portion of the herbal cannabis market actors, our results suggest that wholesale and regional distributors who are not active on cryptomarkets would be the most affected market’s participants.

Officers' perceptions regarding the unexpected effects of body-worn cameras

2020 ◽  
Vol 43 (2) ◽  
pp. 390-402
Author(s):  
Jordan C. Pickering
Keyword(s):  
Decision Making ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
The United States ◽  
Law Enforcement Agencies ◽  
Content Type ◽  
Advantages And Disadvantages ◽  
The Impact

PurposeThroughout the last decade, a number of empirical studies have assessed the effectiveness of body-worn cameras (BWCs) among law enforcement agencies across the United States. The purpose of this paper is to examine officers' perceptions regarding the impact this technology has had on police-community relations, as well as the working relationship between police and other actors in the criminal justice system (e.g. prosecutors, jurors).Design/methodology/approachThe author conducted focus groups with officers (n = 89) from two local law enforcement agencies in California that had adopted BWCs in recent years. Participating officers discussed advantages and disadvantages they associated with BWCs, as well as how BWCs have impacted their relationship with the public and justice system personnel.FindingsOfficers recognized advantages to using BWCs, including the potential for positive changes in police behavior and the ability to protect officers against false citizen complaints. Officers also identified a number of disadvantages (or consequences) they associate with BWCs, such as the depreciation of credibility behind an officer's word and the impact of video footage on prosecutorial decision-making.Originality/valuePrior studies have gathered officers' perceptions regarding BWCs, but very few have assessed whether and how the use of this technology by law enforcement influences other actors within the criminal justice system. The findings from this study may prompt further empirical consideration regarding BWCs, especially with regard to whether police use of this technology significantly impacts citizens' trust in the police and how their use may impact prosecutorial and juror decision-making.

scholarly journals INTERNATIONAL EXPERIENCE IN ANTI-THEFT OF CATALYTIC CONVERTERS INSTALLED IN CARS.

2021 ◽  
Vol 3 ◽  
pp. 65-71
Author(s):  
R. Pertsev
Keyword(s):  
Law Enforcement ◽  
Catalytic Converter ◽  
Precious Metals ◽  
The United States ◽  
Catalytic Converters ◽  
The European Union ◽  
Law Enforcement Agencies ◽  
Procedural Code ◽  
Criminal Groups ◽  
Dna Profiles

Recently, there has been increase in the number of property crimes in the world, including theft of external car parts. The number of thefts of catalytic converters installed in cars of various brands has sharply increased due to a significant increase in the value of precious metals such as platinum, palladium and rhodium. The reason for a sharp increase in the number of crimes of this particular car part is small amounts of the mentioned precious metals in the catalytic convertors. The purpose of this article is to consider this problem faced by law enforcement and legislative bodies in many countries and to propose certain ways for its solution. The article provides an overview of the situation with thefts of catalytic converters in the countries of the European Union, the United States and Israel. Detailed reasons for the occurrence of this problem are provided, as well as measures to protect a car from the theft are suggested.  Possible legislative and investigative-forensic actions to prevent this type of crime are considered: - law enforcement agencies investigating this type of crime should clearly understand that we are not talking about isolated, unrelated cases, but about well-planned actions of criminal groups. - increase in control over purchase and sale of metal carried out without accounting and corresponding documentation and amendments to the administrative procedural code also require strengthening. - applying a special forensic marking on parts, including on a catalytic converter, will allow to track its location and provide full information to law enforcement agencies from which vehicle it was stolen in the event of its theft. - inspection and examination by a forensic expert of vehicles and other physical evidence left by criminals at crime scenes for criminals’ fingerprints and DNA profiles will help to significantly increase the detection rate of this type of crime.

scholarly journals U.S. Arrest of Former Mexican Defense Minister on Drug Charges Poses Challenges for Future Counter-Narcotics Cooperation

2021 ◽  
Vol 115 (2) ◽  
pp. 334-340
Keyword(s):  
United States ◽  
Law Enforcement ◽  
Drug Trafficking ◽  
The United States ◽  
Secretary General ◽  
Legal Assistance ◽  
Mutual Legal Assistance ◽  
Cross Border ◽  
The U.S

In October 2020, the United States arrested former Mexican Defense Secretary General Salvador Cienfuegos Zepeda on drug conspiracy charges, accusing him of accepting bribes to aid a Mexican cartel in evading law enforcement and transporting drugs into the United States. Cienfuegos's arrest sparked diplomatic protests from Mexico, which negotiated to gain Cienfuegos's release before exonerating him and publicizing the U.S. investigation file in what the United States called a breach of the countries’ mutual legal assistance treaty. The incident also prompted Mexico to pass a new law curtailing cooperation with foreign agents and potentially imperiling the long-standing U.S.-Mexico alliance in the fight against cross-border drug trafficking.

scholarly journals Psychology and Law

Psychology ◽  
2013 ◽  
Author(s):  
Kirk Heilbrun ◽  
Edie Greene
Keyword(s):  
Law Enforcement ◽  
The United States ◽  
Appellate Court ◽  
Ethical Guidelines ◽  
Law Enforcement Agencies ◽  
Treatment Protocols ◽  
Postgraduate Students ◽  
Psychology And Law ◽  
The Law ◽  
The Impact

The field of psychology and law involves the application of scientific, clinical, and policy aspects of psychology to issues that arise in the legal system. Diverse perspectives are encompassed within psychology and law, including most of the major subdivisions in psychology (e.g., cognitive, developmental, industrial/organizational, and clinical). So, for example, cognitive psychologists may examine the reliability of eyewitness memory; developmental psychologists may assess the impact of maltreatment and abuse on social and cognitive development; industrial/organizational psychologists may investigate how workplace conditions contribute to the incidence of sexual harassment; and clinical forensic psychologists may provide assessment and treatment services to courts and attorneys, law enforcement agencies, or offenders in correctional settings or under court supervision. In each of these instances, psychologists use research and/or treatment protocols relevant to their specialization to address specific questions that emerge in the law. This article is organized around the intersection of those traditional subdivisions of psychology and the law. The field of psychology and law values contributions from professionals in a variety of different settings including university and research organizations, clinical practice, law enforcement agencies, correctional institutions, and other governmental and nonprofit agencies. It also values the contributions of professionals from across the globe, and associations devoted to psychology and law now exist in the United States, Canada, Europe, Australia, and New Zealand. Several specialized journals and book series are devoted exclusively to psycholegal matters. Undergraduate courses in psychology and law are increasingly common on college and university campuses. Various training programs prepare graduate and postgraduate students to address mental health issues in a variety of legal settings and to become the next generation of researchers, scholars, and practitioners. The American Board of Forensic Psychology and comparable organizations in other countries credential psychologists who specialize in clinical forensic issues, and an updated set of ethical guidelines has been developed specifically for their use. Psychologists have been involved in appellate court decisions by testifying in hearings and by making their research findings and policy analyses available to judges through amicus briefs submitted to the US Supreme Court and to lower courts.

scholarly journals Sino-US Trade and Trade War

2019 ◽  
Vol 5 ◽  
pp. 1
Author(s):  
Usha Kashyap ◽  
Neha Bothra ◽  
◽  
Keyword(s):  
United States ◽  
The United States ◽  
The European Union ◽  
Trade Relations ◽  
Cross Border ◽  
Economic Association ◽  
The World ◽  
Trade War ◽  
Cost Efficient ◽  
The Impact

Trade has been one of the most primary reasons behind economic association. Cross-border trade not only makes the markets cost-efficient but rather also brings up a higher degree of specialization to the respective nations. Bilateral trades have proven to be quintessential to both sides of the deal. However, on a parallel front, every economy has a self-interest toward the domestic produce, and they also try to defend their local manufacturers from cross-border competition. The United States has an “America-first” policy. Whenever the United States imposes tariffs and duties, similar responses have been observed by China. These moves are an area of great concern for global trade. The impact is often visible on the rest of the world. A trade-off exists between domestic economic growth and favored imports. This study is an attempt to discuss the trade relations between the United States and China and how this has led to a trade war. The trade tensions between the United States and China may continue for a few more years. There is a battle for economic supremacy and global leadership. This study explains why the United States is increasing tariffs on Chinese goods and how China is retaliating. This US–China trade war has affected not only the two economies but also the world economy. This study elucidates the repercussions of trade war on the international supply chain and the countries of the European Union. This study has also endeavored to discuss the impact of this trade war on the Indian economy. It is a golden opportunity for India to increase exports to China, the United States, and Europe.

Congress Enacts the Clarifying Lawful Overseas Use of Data (CLOUD) Act, Reshaping U.S. Law Governing Cross-Border Access to Data

2018 ◽  
Vol 112 (3) ◽  
pp. 487-493
Keyword(s):  
United States ◽  
Law Enforcement ◽  
The United States ◽  
Electronic Data ◽  
Cross Border ◽  
Use Of Data ◽  
Access To Data ◽  
Government Shutdown

On March 22, 2018, Congress passed a $1.3 trillion omnibus spending bill that President Trump signed into law the following day, thus narrowly avoiding a government shutdown. Included within the voluminous bill is the Clarifying Lawful Overseas Use of Data (CLOUD) Act, which enhances both the United States’ and foreign nations’ access to cross-border electronic data for law enforcement purposes.

scholarly journals Interdicting International Drug Trafficking: a Network Approach for Coordinated and Targeted Interventions

2021 ◽  
Author(s):  
Luca Giommoni ◽  
Giulia Berlusconi ◽  
Alberto Aziani
Keyword(s):  
Law Enforcement ◽  
Drug Trafficking ◽  
Network Approach ◽  
Targeted Interventions ◽  
Cross Border ◽  
Edge Betweenness ◽  
Different Types ◽  
Social Network Approach ◽  
The Impact ◽  
International Trafficking

AbstractThere is a relative dearth of literature on both the effects of cross-border interdictions and the impact of different types of interventions on international drug trafficking. This study identifies the main trafficking routes for cocaine and heroin, along with comparing the disruptive effects induced by targeted and non-coordinated interventions. It adopts a social network approach to identify the routes along which cocaine and heroin are trafficked, and then simulates the impact of different interdiction strategies on these two trafficking networks. The findings indicate that targeting countries based on their respective positions in the networks, as opposed to on the basis of the quantity of drugs exchanged, is more likely to disrupt drug flows. More specifically, concentrating law enforcement resources on countries with several incoming or outgoing trafficking connections, or those countries that mediate between producer, transit and consumer countries, would appear to be particularly effective in this regard. Interventions focused on specific trafficking routes are also likely to be effective if these routes have high edge betweenness centrality scores. This study contributes to extant understanding on the vulnerability of cocaine and heroin international trafficking networks, and, moreover, demonstrates that empirically-driven strategies are potentially more effective at interdicting international trafficking than non-strategic and non-coordinated interventions.

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