The State and Telecom Surveillance Policy: The Clipper Chip Initiative

United States law enforcement and national security agencies have claimed that the proliferation of strong private-sector encryption is eroding their ability to monitor the electronic communications of terrorists, drug traffickers and the like. In response, the "Clipper Chip" initiative was launched. The aim of the initiative was to guarantee law enforcement access to a set of so-called "spare keys" that could be used to unlock encrypted electronic messages. Efforts were also made to internationalize the Clipper Chip initiative. In the face of intense opposition, the initiative was shelved in 1999. This article delineates and explains the formation and eventual demise of the Clipper Chip initiative. Building on the work of other scholars, the authors utilize theories of state policy making to identify the key determinants that shaped the different moments of the Clipper Chip initiative.     

Restrictions on cryptography in India – A case studyof encryption and privacy

The developments of technology in communications industry have radically altered the ways in which we communicate and exchange information. Along with the speed, efficiency, and cost-saving benefits of the digital revolution come new challenges to the security and privacy of communications and information traversing the global communications infrastructure. As is with any technology the misuse of technology is noticed similarly the encryption technology. Encryption and other advanced technologies may be used, with direct impact on law enforcement and therefore some restrictions are necessary in the interests of national security. The problem, however, is ensuring that the restriction is legitimate and solely for in the interests of national security, the state not being allowed to interfere and keep a track on individuals' activities and private lives without sufficient cause. The individual needs encryption to protect their personal privacy and confidential data such as medical information, personal financial data, and electronic mail. In a networked environment, such information is increasingly at risk of being stolen or misused. Therefore, encryption is critical to building a secure and trusted global information infrastructure. Digital computers have changed the landscape considerably and the entire issue, at its simplest level, boils down to a form of balancing of interests. The specific legal and rights-related problems arising from the issue of cryptography and privacy in the Indian context are examined in this paper.     

Brief history of law enforcement intelligence: Past practice and recommendations for change

Controversies have surrounded law enforcement intelligence because of past instances where the police maintained records of citizens' activities that were viewed as suspicious or anti-American, even though no crimes were being committed. This, of course, violates fundamental constitutional guarantees and offends the American sense of fairness with respect to government intrusiveness. Unfortunately, the boundary is not precise regarding the types of information the police can collect and keep. Some legal guidelines appear contradictory and the application of law to factual situations is often difficult. Beyond the legal ramifications, early intelligence initiatives by the police typically lacked focus, purpose, and process. Important lessons can be learned from these historical experiences that provide context and guidance for law enforcement intelligence today. Aggravating the [kinds of factors referred to above] has been the tenuous relationship between law enforcement intelligence and national security intelligence that has changed continuously since the mid-20th century. These changes have been both politically and legally controversial, responding to changing socio-political events in American history and most recently through post-9/11 counterterrorism efforts. As a result, there is value in understanding selected portions of history from both types of intelligence to gain context and understand the lessons learned.     

Cybercrimes v. Cyberliberties

The broad topic of 'crime and cyberliberties' encompasses two major subtopics: firstly, the extent to which online expression may be punished under new criminal laws, even if it would be lawful in the traditional print media; and secondly, the extent to which online privacy may be restricted to facilitate enforcement of existing criminal laws. In both contexts, many law enforcement officials argue that we have to make trade-offs between, on the one hand, individual rights and, on the other hand, public safety. In fact, though, the alleged dichotomy is oversimplified and misleading. Claims about the alleged unique dangers of online expression are exaggerated, and the types of criminal laws and law enforcement strategies that have worked effectively in other media are also effective in cyberspace. For example, children should be protected from exploitation in the production of child pornography through the same measures, regardless of whether the material is distributed through postal mail or e-mail. Indeed, individuals and organizations who are devoted to protecting children from exploitation and abuse-whether for the production of child pornography or any other purpose-have expressed frustration that resources that should be used to enforce existing laws are being diverted toward efforts to create new cyberspeech crimes, such as the two US laws criminalizing online material that is 'indecent,' 'patently offensive', or 'harmful to minors'. The many judges who have ruled on these laws-including the entire US Supreme Court-have agreed that they violate free expression rights and are not necessary for their stated purpose of protecting children. The battle to preserve online privacy has not been as successful in the US, where the government restricts strong encryption despite the vigorous objections of not only cyberlibertarians, but also the business community. Moreover, even some law enforcement and other government officials have concluded that, on balance, security concerns are aided, not undermined, by strong encryption, since it protects innocent individuals and legitimate businesses from cybercriminals, and it also protects governments and vital infrastructures from cyberterrorism. Most governments apparently recognize these facts since they have not joined the US in restricting encryption technology.     

The Foreign Intelligence Surveillance Act of 1978: The Role of Symbolic Politics

Since 1978, the Foreign Intelligence Surveillance Act (FISA) has governed United States intelligence gathering for national security purposes. Enacted in response to the Watergate–era civil rights violations and revelations of a Senate investigation headed by Senator Frank Church that other presidential administrations had authorized similar warrantless surveillance, FISA established a statutory framework for national security surveillance. Understanding FISA contributes to the study of criminal justice policymaking because law enforcement and intelligence communities view it as an important tool for combatting espionage and terrorism. This article examines the enactment of FISA from the perspective of symbolic politics.     

Towards a Global Regulatory Framework for Cross-Border Data Flows—Fundamental Concerns and the China’s Approach

Cross-border data flows not only involve cross-border trade issues, but also severely challenge personal information protection, national data security, and the jurisdiction of justice and enforcement. As the current digital trade negotiations could not accommodate these challenges, China has initiated the concept of secure cross-border data flow and has launched a dual-track multi-level regulatory system, including control system for overseas transfer of important data, system of crossborder provision of personal information, and system of cross-border data request for justice and enforcement. To explore a global regulatory framework for cross-border data flows, legitimate and controllable cross-border data flows should be promoted, supervision should be categorized based on risk concerned, and the rule of law should be coordinated at home and abroad to promote system compatibility. To this end, the key is to build a compatible regulatory framework, which includes clarifying the scope of important data to define the “Negative List” for preventing national security risks, improving the cross-border accountability for protecting personal information rights and interests to ease pre-supervision pressure, and focusing on data access rights instead of data localization for upholding the jurisdiction of justice and enforcement.     

Looking for some light through the lens of “cryptowar” history: Policy options for law enforcement authorities against “going dark”

As companies and end-users increasingly deploy end-to-end encryption, law enforcement and national security agencies claim they “go dark”, i.e. lose in practice the power to legally intercept and gain access to information and communications. This has revived a debate that seemed closed by the late 1990s, namely whether backdoors should be embedded in encryption systems. This paper provides a historical overview of the policy debates surrounding encryption, to identify the potential regulatory options for policy-makers, based on the lessons that can be learned from “cryptowar” history. We discuss the First Cryptowars (1990s, focusing on backdoor schemes), the Interbellum (featuring a rise in powers to order decryption), the Second Cryptowars (2010s, renewed backdoor discussions) and their aftermath: the newly emerging battlefield of legal hacking. The latter can be seen as a condition for the truce with which – for now – the Cryptowars seem to have ended. Cryptowar history teaches us that the two main policy options for decryption by government agencies – ensuring access to keys ex ante (backdoors) or ex post (decryption orders) – both suffer from fundamental flaws. Therefore, legal hacking powers – if human rights standards are sufficiently taken into account – could be the only realistic policy option to preserve some light in an era of dark communication channels.     

社会保险的强制性在执行过程中存在的问题分析

社会保险的重要特征之一是强制性,任何企业和个人都不能因自己的意愿而违背国家的规定,执法部门更应严格执法。在我国社会保障正式立法尚未出台的情况下,劳动社会保障部门的行政执法成为当前保护劳动者合法权益、保障整个社会保险体系有效实施的重要保证。     

The Reinvention of Australian Federal Policing in the Pursuit of National Security

Commonwealth policing, since its turbulent emergence in Australia in 1917, has shown both a keen capacity to suppress dissent and a remarkable ability to reinvent itself in a variety of forms. Its present nomenclature of the Australian Federal Police (AFP) arose from an alleged terrorist incident: the 1978 Sydney Hilton bombing.

This article argues that the fragmented AFP faced an ill‐defined and uncertain future in the early 1990s. Since September 11, the revamped AFP, however, has claimed primacy as Australia's leading law enforcement agency, but remains susceptible to government pressure. Contemporary Australian debate has focused on intelligence agency legislation, but limited analysis has addressed the AFP's changing role, expanded powers and significantly increased budgetary resources. As terrorism, national security and people smuggling have become the new “law and order'’ federal agenda, the AFP, straining to accomplish both domestic and regional functions, has extended its transnational, off‐shore policing strategies and intervention.     

Laws of encryption: An emerging legal framework

This article examines the emerging legal framework of encryption. It reviews the different categories of law that make up this legal framework, namely: export control laws, substantive cybercrime laws, criminal procedure laws, human rights laws, and cybersecurity laws. These laws are analysed according to which of the three regulatory subjects or targets they specifically address: the technology of encryption, the parties to encryption, or encrypted data and communications. For each category of law, illustrative examples of international and national laws are discussed. This article argues that understanding the legal framework of encryption is essential to determining how this technology is currently regulated and how these regulations can be improved. It concludes that the legal framework is the key to discerning the present state and future direction of encryption laws and policies.     

试论公安机关行政执法转型

在计划经济时期公安行政执法取得了很大成效。随着我国社会的快速发展,经济体制在转型,政治体制在完善,政府职能在转型,为此公安行政执法必须加快转型,以适应经济社会发展的需要,推进和谐社会建设。     

Smoking Guns: European Cigarette Smuggling in the 1990’s

This article concerns European cigarette smuggling over the past decade and examines the actors, structures and relationships which facilitated the illicit trade. It discusses the central role played by actors not traditionally associated with organised crime, such as multi-national tobacco companies, Swiss banks and the state security agencies of various Balkan states. It demonstrates how domestic legislation in Switzerland and instability in the Balkans prevented national law enforcement agencies from effectively dealing with this international network at an earlier stage. The article also focuses on the history of local and national law enforcement investigations as well as the integrated multi-national investigation project later initiated by the EU and member states. The article's conclusions suggest that while smuggling actors have successfully adapted to the process of globalisation – financial and state deregulation – law enforcement agencies remain at a disadvantage as they are hampered by the domestic legislation in nation states such as Switzerland and the United States. While cigarette smuggling was and is a major illicit industry, it has not been the subject of much academic scrutiny. This article, based on field research in the Balkans and EU member states aims to contribute to a broader understanding of a problem involving a multiplicity of criminal actors, states and law enforcement agencies.     

Outlaw Private Security Firms: Criminal and Terrorist Agendas Undermine Private Security Alternatives

The thousands of large and small private security establishments operating around the world today continue to expand in number, diversity, and capability. Government oversight is often lacking, and the impact on local, national and regional security and stability may be substantial. In the most troubled areas, the pockets of security provided by private security regimens provide may mean the difference between a failed state and one that is at least faltering. However, the advantages of “private security firm cover” quickly became evident to criminals and groups with terrorist agendas as well. This assessment addresses numerous cases from around the world of private security establishments that were either formed for—or otherwise turned to—the pursuit of criminal or terrorist purposes. The stated jihadist intent to infiltrate such companies underscores the need for law enforcement and intelligence attention to the recruiting, affiliations and activities of these security enterprises.     

Exploring the social organisation and structure of stolen data markets

As consumers are increasingly using the Internet to manage their finances, there has been a concomitant increase in the risk of theft and fraud by cybercriminals. Hackers who acquire sensitive consumer data utilise information on their own, or sell the information in online forums for a significant profit. Few have considered the organisational composition of the participants engaged in the sale of stolen data, including the presence of managerial oversight, division of labour, coordination of roles and purposive associations between buyers, sellers and forum operators. Thus, this qualitative study will apply Best and Luckenbill's framework of social organisation to a sample of threads from publicly accessible web forums where individuals buy and sell stolen financial information. The implications of this study for criminologists, law enforcement, the intelligence community and information security researchers will be discussed in depth.     

Paradoxes of Family Immigration Policy: Separation,Reorganization, and Reunification of Families under Current Immigration Laws

It is increasingly recognized that immigration laws affect immigrants' integration. Most recently there has been growing attention to how immigration enforcement affects families through forced separations caused by deportations and long‐term family separations across national borders stemming from unauthorized entry to the United States. However, beyond enforcement, there has been little systematic account of how other provisions of immigration law contribute to family separations. In this article we examine how four key provisions in immigration law, far from creating conditions for immigrant families to reunite, contribute to keeping families apart. As such, these provisions shape, in fundamental ways, the structure and composition of immigrant families. Relying on data from the American Community Survey and ethnographic interviews in Phoenix, Arizona, we find evidence consistent with the premise that immigration laws affect the formation, composition, and structure of immigrant families with potential long‐term consequences.     

Encryption and evolving technologies: Tools of organized crime and terrorism

Encryption is essential in today’s information and network age. Encryption policy must facilitate and encourage the use of encryption so that businesses can protect their corporate assets from economic espionage by foreign governments and competitors, so that law enforcement agencies can counter the surveillance activities of organized crime, and so that all organizations and individuals can safeguard sensitive information from criminals and intruders. At the same time, because encryption can be exploited by criminals and terrorists, its completely unfettered proliferation may not be in our national interest. The Clinton administration and National Research Council reached a similar conclusion, although they recommended different approaches.     

Forensic drug intelligence: an important tool in law enforcement

Organised criminality is a great concern for national/international security. The demonstration of complex crimes is increasingly dependant on knowledge distributed within law-enforcement agencies and scientific disciplines. This separation of knowledge creates difficulties in reconstructing and prosecuting such crimes. Basic interdisciplinary research in drug intelligence combined with crime analysis, forensic intelligence, and traditional law enforcement investigation is leading to important advances in crime investigation support. Laboratory results constitute one highly dependable source of information that is both reliable and testable. Their operational use can support investigation and even provide undetected connections or organisation of structure. The foremost difficulties encountered by drug analysts are not principally of a chemical or analytical nature, but methodologies to extract parameters or features that are deemed to be crucial for handling and contextualising drug profiling data. An organised memory has been developed in order to provide accurate, timely, useful and meaningful information for linking spatially and temporally distinct events on a national and international level (including cross-border phenomena). Literature has already pointed out that forensic case data are amenable for use in an intelligence perspective if data and knowledge of specialised actors are appropriately organised, shared and processed. As a particular form of forensic case data, the authors' research focuses on parameters obtained through the systematic physical and chemical profiling of samples of illicit drugs. The procedure is used to infer and characterise links between samples that originate from the same and different seizures. The discussion will not, however, focus on how samples are actually analysed and compared as substantial literature on this topic already exists. Rather, attention is primarily drawn to an active and close collaboration between magistrates, forensic scientists, law enforcement investigators and crime analysts from different institutions with the aim of generating, using and validating relevant profiling case data as integral part of investigative and crime analysis processes. Original advances are highlighted through experiences from criminal investigations of offences related to the unlawful importation, exportation, supply and possession of illicit drugs.     

Police investigations in Internet open sources: Procedural-law issues

Analysing large amounts of data goes to the heart of the challenges confronting intelligence and law enforcement professionals today. Increasingly, this involves Internet data that are ‘open source’ or ‘publicly available’. Projects such as the European FP7 VIRTUOSO are developing platforms for open-source intelligence by law enforcement and public security, which open up opportunities for large-scale, automated data gathering and analysis. However, the mere fact that data are publicly available does not imply an absence of restrictions to researching them. This paper investigates one area of legal constraints, namely criminal-procedure law in relation to open-source data gathering by the police. What is the legal basis for this activity? And under what conditions can domestic and foreign open sources be investigated?     

公安机关执法主体资格研究

作为具有刑事执法和行政执法职能的公安机关,其工作的核心和根本是执法。公安工作有没有进步,公安机关控制社会面和遏制犯罪的整体作战能力有没有增强,公安队伍的整体素质、作风形象有没有明显提高,最终都要通过公安机关的执法质量的高低体现出来。公安执法质量的提高关键在民警的素质。主办警官制就是探索出的一种有利于规范执法的新机制。     

Social network analysis as a tool for criminal intelligence: understanding its potential from the perspectives of intelligence analysts

Over the past two decades an increasing number of researchers have applied social network analysis (SNA) to various ‘dark’ networks. This research suggests that SNA is capable of revealing significant insights into the dynamics of dark networks, particularly the identification of critical nodes, which can then be targeted by law enforcement and security agencies for disruption. However, there has so far been very little research into whether and how law enforcement agencies can actually leverage SNA in an operational environment and in particular the challenges agencies face when attempting to apply various network analysis techniques to criminal networks. This paper goes some way towards addressing these issues by drawing on qualitative interviews with criminal intelligence analysts from two Australian state law enforcement agencies. The primary contribution of this paper is to call attention to the organisational characteristics of law enforcement agencies which, we argue, can influence the capacity of criminal intelligence analysts to successfully apply SNA as much as the often citied ‘characteristics of criminal networks’.