Category Archives: Human Rights in Cyberspace

Layered Opacity: Criminal Legal Technology Exacerbates Disparate Impact Cycles and Prevents Trust

Predictive policing tools used widely by law enforcement agencies attempt to identify where crime will happen before it does. These analyses determine police deployment, and ultimately, arrest data. In this article, Ben Winters highlights how risk assessment tools use that data, combined with various other inputs, to determine detention, bail, sentencing, parole, and more which give rise to serious transparency and oversight concerns.

Particularly, Winters highlights the urgency of these paramount concerns given the tool’s operation in a system that severely disadvantages already marginalized communities. Winters argues that the relatedness of the tools is under-recognized and could be stronger reflected in advocacy efforts and regulatory efforts. This article explains the harm compounded by the tools and explores regulatory options both inside of traditional government levers, and the approaching regulation of data and data practices.

Transnational Government Hacking

Cyber investigations often involve devices and data that cross or are located across international borders. This raises challenges for law enforcement which often finds itself limited by enforcement jurisdiction that stops at its territorial borders.

What happens when law enforcement is seeking to access data or a device and the location is unknown? What about situations in which law enforcement has its hands on a device, but the data being accessed via that device is located in another state’s jurisdiction? What if the device itself is located overseas—in a jurisdiction unwilling or unable to aid the investigation?

Countering the Cyber Enforcement Gap: Strengthening Global Capacity on Cybercrime

While the barrage of cyberattacks around the world continues to increase, the lack of effective global cybercrime enforcement has allowed cybercriminals to operate with near impunity.

Although there have been a number of efforts to increase international cooperation on cybercrime enforcement, many of these efforts have been hindered due to the lack of capacity building among countries to provide criminal justice actors with the ability to implement and enforce these instruments.

Through an in-depth examination of the global developments in cybercrime and the major challenges to international cooperation among countries, Amy Jordan and Allison Peters provide a variety of recommendations aimed at overcoming the barriers in capacity building among nation states in order to close the global cyber enforcement gap.