Abstract
Abstract Digital open source information has been heralded for its democratizing potential, insofar as it allows access to a much broader range of sources and voices than would normally be consulted through traditional methods of information gathering for international criminal investigations. It also helps to overcome some of the physical access barriers that are commonplace in international criminal investigations. At a time when the use of digital open source information is becoming more widespread, this article warns of the cognitive and technical biases that can impact upon two key stages of an investigation: finding relevant information and analysing that information. At the information-gathering stage, there are particular crimes, regions and groups of people whose experiences are more likely to be overlooked or hidden in digital open source investigations. When it comes to analysing digital open source information, there is a danger that cognitive and technical biases may influence which information is deemed most relevant and useful to an international criminal investigation, and how that information is interpreted. This article proposes some steps that can be taken to mitigate these risks.
Highlights
Digital open source information1 — defined as information on the internet that any member of the public can obtain by request, purchase or observation2 — is revolutionizing the investigation and prosecution of international crimes.[3]
We argue that digital open source information can be as vulnerable to subjectivity and bias as any other form of evidence
Digital open source information is emerging as a critical tool in the toolkit of international criminal investigators
Summary
Digital open source information1 — defined as information on the internet that any member of the public can obtain by request, purchase or observation2 — is revolutionizing the investigation and prosecution of international crimes.[3]. Freeman, ‘Prosecuting Atrocity Crimes with Open Source Evidence: Lessons from the International Criminal Court’, in Dubberley, Koenig and Murray (eds), supra note 2, 48, at 52. The third identified advantage to the use of digital open source information in investigating international crimes is its relative objectivity. In the context of international criminal investigations, a bias can be described as any systematic distortion or error, due to a design problem, an interfering factor, or a judgement, that can affect the conception, design, or conduct of an investigation, or the collection, analysis, interpretation, presentation, or discussion of the evidence.[19]. While the above list is by no means a comprehensive overview of all possible relevant biases, this article demonstrates how technical and cognitive biases such as these can potentially permeate international criminal investigations that use digital open source information.
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
