Law Enforcement Challenges Research Articles

CLOUD FORENSICS FRAMEWORK FOR LAW ENFORCEMENT AGENCIES

Internet-based cloud technology is a network of remote data centers often placed beyond the country's legal frontiers worldwide. Contrary to the benefits of cloud computing, it is also a target of cybercriminals who may affect its resources on a larger scale by a single exploit. For protecting the cloud resources and increasing the confidence of cloud users, it is necessary to make one accountable for disrupting its services based on relevant evidence that proves someone's guilt in a court of law. In the literature, various frameworks have been presented for evidence collection against the attack on the cloud service for Cloud Service providers (CSP), but there is no framework for LEAs. Unfortunately, the evidence of a security breach in the cloud resides under the control of CSP, which is the sole custodian of cloud resources. However, the CSP does not fully cooperate with the investigators due to various legal, technical, and operational reasons. Hence the entire prosecution is dependent on the provision of evidence by the CSP, which is a great challenge for law enforcement around the world. The study's objective is to design a framework that mitigates the dependency of CSP by collecting the evidence of a security incident outside the cloud by colluding the Internet Service Providers (ISPs) and law Enforcement for a particular cloud service. The framework integrates the components that can detect the attack on a cloud service earlier at ISP and store the logs of the incident in a forensic server which can be used for forensics purposes as and when required.

Dilemma and Breakthrough: Review on Substitution Analysis of the Definition of Relevant Markets and Platforms—From the Perspective of Guideline on Anti-Trust Platform Economy by the Anti-Trust Committee of the State Council

The prosperity of platform economy posed new issues for antitrust law enforcement and new challenges to the definition of relevant markets in antitrust investigations. Substitution analysis is not only a traditional method of relevant market definition, but also the underlying logic throughout the process of relevant market definition. It can still be applied to relevant market definition in the context of platform economy. Based on the Guideline of Platform Antitrust, this paper starts with the regulations about the definition of relevant markets in platform economy. It briefly analyzes the dilemmas of traditional methods of defining relevant markets in platform economy. Then, it reviews the limitation and rationality of substitution analysis of relevant market definition.

“The Kindness of Strangers:” The Influence of Social Media on the Construction of Factitious Disorder Imposed on Another

Factitious Disorder Imposed on Another (FDIA), termed a psychiatric “Factitious disorder by proxy”, compels individuals to solicit unnecessary medical interventions or commit medical abuses on another, almost always a child in their care. A recent phenomenon is that of individuals with FDIA using social media such as blogs and online support groups to perpetuate such abuse, while garnering sympathy from others who access these sites. Through an examination of several recent high profile FDIA by Internet cases and using the concept of “neo-tribes’ to identify the virtual communities of interest that form around these cases, new dimensions of FDIA appear. Fabrication of medical and social histories is facilitated and consolidated in the virtual sphere and readily enhanced through imagery and careful documentation. Betrayed communities experience exploitation and fraud. However, child neglect and child endangerment remain of concern, and identifying and investigating such claims across physical jurisdictions remain significant challenges for law enforcement.

Cyber-laundering: An Emerging Challenge for Law Enforcement

Money laundering is an intense danger, which the world is confronting and present-day technologies are making it harder for law implementation to get the launderers. The emerging concept of cyber-laundering involving the use of the Internet is a flawless apparatus for launderers, which is amazingly quick, and a worldwide tool. Because of its decentralized design, the web has progressively turned into the component of choice of launderers to channel assets starting with one area and then onto the next without leaving signs. The washing of assets over the web, smartphones and mobile phones is made especially simple by the peer-to-peer exchanges, that is, money is straightforwardly moved starting with one individual and then onto the next across the world, lacking the contact of third party, like a monetary institution, in this way keeping away from monetary oversight and expected location. The maltreatment of the Internet by money launderers is conceivably highly dangerous. The principal objective of this article is to respond to the inquiry, for instance, how the Internet could be mishandled by launderers? In addition, the authors, in this article, have analysed national and international undertakings to fight money laundering as well as cyber-laundering and have attempted to shed light on understanding the answers on how to control it.

Mobility in a European Post-Crisis Scenario: Law-Making Dynamics and Law-Enforcement Challenges

Security and mobility have become a seemingly inseparable concept in the recent European geopolitical landscape. While the historically deeply rooted social, economic and legal aspects of migration have been extensively studied, the current emphasis on emergency in mobility management, which has has been radically shaping the law-making and law-enforcement dynamics, has been rather underexplored. Taking stock of the challenges emerging in view of adjusting the law-making and enforcement set-up at the national and European levels to a context of emergency, this Special Issue pursues the ambitious goal of shedding light on the post-crisis controversial scenario of mobility in Europe, characterised by the political impasse over the reform of the overall European governance of migration. Based on a neoliberal conceptual framework, this multidisciplinary consideration of human mobility across European borders questions whether the crisis is really over or whether the sense of crisis is projected onto the future policy developments.

Drug Abuse in the Young Generation: Law Enforcement Challenges (Comparative Study of Indonesia and Australia)

Drug abuse that occurs is mostly carried out by the younger generation starting from their teens, this is due to the fact that teenagers are a period where humans are very vulnerable and easily influenced by various bad influences from their circle, drug abuse is one of the, and as if it has been addressed by them as a trend in this modern era. Drugs can cause addiction effects for users, and on this basis they will try their best to get and use them again. This problem is supported by students’ access to various resources where they have their own pocket money and very broad association. Meanwhile, narcotics abuse itself is one of the crimes that can cause a lot of damage which is regulated in a special law, namely Law Number 35 of 2009 concerning Narcotics. This law was drafted to eradicate narcotics criminals and regulates criminal sanctions that can be given to them and the parties involved in their distribution, this is necessary considering the massive impact that this dangerous substance can have.

CORRUPTION AS A FACILITATOR OF HUMAN TRAFFICKING IN SOUTH AFRICA: THE PHENOMENA, CHALLENGES AND EFFECTIVE RESPONSE

Human trafficking and corruption are closely linked criminal activities, whose interrelation is frequently referred to in international fora. Yet, the correlation between the two phenomena, and the actual impact of corruption on human trafficking, are generally neglected in the development and implementation of anti-human trafficking policies and measures. This article attempts to explore and analysis corruption as a facilitator of human trafficking in South Africa. This research was carried out utilising a qualitative approach. Forty interviews were carried out among officials deployed in the Directorate for Priority Crime Investigation (DPCI), the South African Police Service (SAPS), the Department of Home Affairs (DHA), the Department of Social Development (DSD), the Gauteng Provincial Office, as well as with the victims regarding their views and experiences on the law enforcement challenges and effective response to corruption and human trafficking. The interviews were analysed according to the phenomenographic approach to identify the participants’ responses. The key findings indicated that corruption is a common facilitator of human trafficking, the victims are being abducted and kidnapped from the safe houses. The government departments involved in combating human trafficking are the ones facilitating it through corruption. Recommendations are systems and procedures within at-risk sectors for corruption should be tailored to increase transparency, fairness, and accountability, Anonymous reporting mechanisms should be in place for officials to raise concerns or report offers of bribes or use of undue influence by other officials.

Who Needs the Dark Web? Exploring the Trade in Critically Endangered Plants on eBay.

Stemming the illegal trade of endangered species is a critical and very difficult challenge for conservationists and law enforcement. Much effort is given to stopping the trade of “charismatic megafauna” such as tigers, elephants, and rhinoceroses. Endangered plant species, however, receive far less attention and fewer resources, resulting in devastating consequences. Plant species continue to go extinct due to illegal harvesting and selling, while just one order of plants, Orchidales, makes up more than 70% of all threatened wildlife species. This study examines the role the Internet plays in critically endangered plant transactions. Rather than focusing on the dark web for these sales, I search the e-commerce site eBay to better understand the extent to which these trades take place in plain sight. Of the 193 critically endangered plant species examined, 56 were for sale in some form on eBay during the study period. These results indicate a high degree of trading in these species, but do not necessarily indicate criminality. The complexity of the international legal frameworks regulating these transactions makes it difficult to ascertain their legality, but certain indicators point to at least a subset of these sales being unlawful. E-commerce sites like eBay must take more proactive measures to regulate sales and protect these species on the brink, for it is clear the surface web is playing an understudied and important role in fostering these cybercrimes. In sum, the dark web is unnecessary when the surface web is convenient, widely available, and scarcely policed.

Analysis of Balanced Scorecard Implementation as Performance Management System at Deputy for Law Enforcement – Indonesian FDA

Deputy for Law Enforcement (Deputy IV) is a strategy for strengthening the Indonesian FDA (BPOM) in responding to future law enforcement challenges that have functions and duties of the regulation and comprehensively eliminate crime in the Drug and Food sectors. They required a well-planned strategic plan to carry out their tasks and responsibilities, including a performance management system based on the Balanced Scorecard (BSC) approach. This research aims to evaluate the effectiveness of Balanced Scorecard (BSC) implementation at Deputy IV. The qualitative descriptive methodology was used in this research, analyzing primary data sources obtained through interviews with internal stakeholders. The result shows that there are essential factors on each system performance evaluation category such as integrity, commitment, responsibility, strategy map, key performance indicator (KPI), cascading, valid and balanced measurement, realistic target, individual and objective alignment, cascading, human resources, budgeting process, strategic planning process, data collection, and reporting. The recommendation, Deputy IV must be maintained the essential factors of BSC implementation to improve their future performance. This research is intended to assist public officials as policymakers in strategic planning and performance management evaluation.

When crises collide—Policing a pandemic during social unrest

In 2020, the United States was shaken by concurrent crises: the COVID-19 pandemic and protests for racial equality. Both crises present significant challenges for law enforcement. On the one hand, the protests for racial equality drew the public’s attention to the criminal justice system’s disparate treatment of Blacks and other people of colour. On the other hand, the pandemic required the expansion of police duties to enforce public health mandates. To ensure compliance, law enforcement may arrest, detain, and even use force to prevent the transmission of communicable diseases that may have an irreversible impact on human health, such as COVID-19. Policing, however, is at a critical point in America. The government is expanding police powers for the sake of public health; all the while, public indignation about police (ab)uses of power has fuelled calls for its defunding. It is therefore important to explore Americans’ views of policing pandemics during periods of social unrest, focusing on the recognition that socio-economic and racial inequities shape perceptions. The data from this project derives from surveys with Americans on the specific topics of race, policing, racial protests, and COVID-19. The study finds that Americans perceive the police as legitimate overall; however, there are divergences based on race, gender, and marital status. These differences may contribute meaningful insights to the current discourse on police legitimacy in America.

Ethno-medicinal use of monitor lizard Varanus bengalensis (Daudin, 1802) by the ‘Adi’ tribe at East Siang, Arunachal Pradesh

A recent visit to the remote villages of East Siang District, Arunachal Pradesh, revealed a unique medicinal approach practiced by the Adi tribe (earlier Abor tribe) using monitor lizard tails. Following reports of being a traditional medicine for humans, this case study emphasizes on the administration pattern to treat their livestock, veterinary purposes by the indigenous tribe of Arunachal Pradesh. The use of animal parts in traditional medicines negatively impacts and contributes to the overexploitation of wild animals for meat and remedial purposes. We raise our concerns of wildlife being harvested by the local communities for such unscientific use as a traditional medicine which harms species survival and a challenge for wildlife law enforcement.

A Kétlépcsős Integrált Alkalmasságvizsgálati Rendszer – a tudomány válasza a rendvédelmi hivatásos állomány alkalmasságvizsgálatának kihívásaira

Numerous international and domestic studies have shown that all the duties which law enforcement personnel perform put an increased strain of mental and physical health. All this makes the aptitude testing system of the professionals essential and at the same time more important. An essential condition for the effectiveness of such a system is to be able to continuously adapt to changes in organizational needs and the characteristics of applicants for the organization. The explosive growth in digitalization and the use of the World Wide Web has posed a revision of the more than ten years applied aptitude test system for law enforcement professionals as law enforcement challenges and the younger generation’s changed abilities and motivation to work. In response to these challenges, the Two-stage Integrated Aptitude Testing System (abbreviated as KLIR) was established by Decree No. 45/2020 on the suitability assessment of professional staff and law enforcement administrative staff employed by certain law enforcement agencies under the Minister of the Interior. (XII.16.) BM. Regulation entered into force on 1 January 2021. In our study, we describe the scientific basis of the KLIR system, discussing it along the most important principles of the system. We show how the two steps of the KLIR procedure –examining the fit of work of individuals on several levels at the same time – serving the selection of the most suitable candidates and in addition to the screening of unsuitable ones, thereby improving individual and organizational performance. In the spirit of flexible adaptability, which is considered to be one of the keys to organizational efficiency, we describe the possibilities of the innovations of the KLIR procedure, the scheme of aptitude test categories, the three-level regulatory order, and the coherency between aptitude tests and the training system. The article concludes with a description how the targeted scientific research has contributed to the development of the KLIR system and provides a glimpse of relevant future perspectives.

Dowsing for Bone

Locating clandestine graves is often a significant challenge for law enforcement and other investigators. A number of search techniques can be employed including visual assessments, canines, geophysical techniques, and imaging, often depending on the location/terrain, case information, and available resources. Dowsing is believed by some to be a reliable method for locating underground items of interest including water, oil, ore, and even graves; others, however, consider the practice to be controversial or even pseudoscience. Here we assess the ability of dowsing rods (wielded by previously inexperienced dowsers) to locate buried bones using a controlled blind test. Assemblages of bones were buried in three of nine holes. A control group of participants was asked to identify which holes they believed to contain bones by visual inspection, and a test group was asked to identify which holes they believed to contain bones using dowsing rods. Results indicate that neither method had a significant relationship with the true location of the bones (Matthew’s Correlation Coefficient –0.19 for the control group and 0.00 for the test group), and that there was no significant difference between the two groups (p = 0.36). In this study, dowsing was not found to be a reliable method of detecting buried bones. Some practitioners continue to advocate dowsing or other scientifically questionable search methods, even charging investigators or families substantial fees for these services. It is therefore important that such techniques are well-understood and rigorously tested, and that investigators seek and employ methods that are appropriate and valid.

Are We Loving Our National Parks to Death? A Call for Research on Crime and Law Enforcement in the U.S. National Park System

Despite a recent surge of visitation and frequent media accounts of lawlessness in America’s national parks, little empirical research has been dedicated to crime and law enforcement in the U.S. national park system. The absence of systematic crime and justice research within these protected spaces should raise concern, as recent park service data and intra-agency reports suggest visitor growth, funding and personnel declines, operational shortcomings, and technology constraints may endanger the capacity of the National Park Service (NPS) to adequately address anticipated crime threats in the 21st century. This call for research aims to raise awareness of the contemporary law enforcement challenges facing this federal agency and encourage the study of crime and justice issues within the U.S. national park system. We briefly examine the evolution and current state of NPS law enforcement and its associated challenges and conclude with a conceptual road map for future research occurring in these protected spaces.

Criminal law qualification of an act under Article 190 of CC of Ukraine (fraud) in case of absence of the property owner (the victim) and damage caused to them: theoretical aspects and law enforcement challenges

Correct and accurate criminal law qualification is a necessary condition for achieving the objectives of criminal law, a guarantee of the criminal proceedings effectiveness, feasibility and timeliness of procedural actions carried out within it. Nevertheless, making mistakes in this area and insufficient attention to qualification might lead to numerous negative or even detrimental consequences: unjustified criminal prosecution of a person, formation of an incorrect legal position by the prosecution and, consequently, irrational workload of criminal justice authorities, futility (uselessness) of criminal proceedings, avoidance of responsibility by the guilty or imposition of either too lenient or vice versa too severe (disproportionate) punishment on them, and the victims being left in an insecure state etc. Thus, the article covers the issues of criminal law qualification of fraud and determination features of its objective aspect in case of absence of the property owner (the victim) and damage caused to them. It is concluded that: 1) Article 190 of CC of Ukraine does not specify on which proprietary right the property should be held, being subject matter of the offence. Subject of crime (the guilty) is not obliged to realize this either. Moreover, property could exist without any legal title, although it does not mean the absence of fraud; 2) for criminal law qualification under Article 190 of CC of Ukraine others’ property should be recognized any property which does not belong to the guilty party. In this case it does not matter who is the property owner, or even whether the property has an owner at all (ownerless). The exception is qualification of an act under part 2 of Article 190 of CC of Ukraine, since it involves taking into account the property status of a particular person (the victim). At the same time for criminal law qualification of an act under part 1, 3 or 4 of Article 190 of CC of Ukraine the existence of property owner (the victim) and causing damage to them is not required. The above-mentioned is not a mandatory feature of the objective aspect of fraud. Key words: criminal law qualification, qualification of an act, Article 190 of CC of Ukraine, fraud, property owner absence, victim absence, damage absence, others’ property.

Global and Local Law Enforcement Challenges in Combating Sex Trafficking

The relationship between the legal status of prostitution and the degree of human trafficking that involves sexual exploitation is a significant debate, but little research accounts for variations in cultural beliefs and traditions, gender inequality, or the impact of the formation of a global society. A global criminal justice framework is examined at both global and local levels by examining the written law and the challenges for local law enforcement in their efforts to combat the global crime of sex trafficking. The analysis reveals how existing laws are often the result of overgenerali-zations and faulty assumptions, which led to ineffective or shortsighted laws. Furthermore, it highlights how the debate on the legality of exploitation overshadows the greater issues of poverty, substance abuse, gender inequalities, and des-peration, which arguably are the driving forces behind prostitution. At the local level of analysis, challenges for law enforcement include addressing the underlying factors that have led people to involvement in trafficking, the application of laws, enforcement of laws, corruption, the use of discretion, and public support. The findings reveal that at the global level, law enforcement officers encounter barriers to the investigation of trafficking and the associated offenses.

Mathematical modeling on workplace violence hazard assessment and security analysis using Optimized Grey Dynamic System Theory.

Employers must provide their workers with a safe working environment. Violence at the workplace is considered to pose risks for mental health. However, it is rarely investigated whether or not violence at the workplace in a setting can further increase the risk of mental disorders among employees. Risk assessment of workplace violence is still a major challenge for law enforcement, mental health, and other professionals. These critical and specific evaluations need an innovative approach. In this paper, the Optimized Grey Dynamic System Theory (OGDST) is used to analyze work-related incidents and hazard assessment. The forecasting model is built using annual data sets of work-related incidents. Research shows that aggressive psychological behavior often precedes the physical abuse of the workplace, whereas employers often ignore signs of warning even when identified by employees. Effectiveness tests demonstrate the efficiency of these suggested models. The results convey information supporting the conceptualization and assessment of models of workplace violence as a phenomenon arising from negative physical and psychological experiences of individuals at the workplace.

Inspections and Compliance: Enforcement of the Minimum-Wage Law

This paper is the first to empirically study the relationship between spatial distributions of labor market inspections and noncompliance with Germany's minimum-wage law. Combining novel administrative data with large-scale longitudinal survey data, we document that the inspection probability is higher in regions with higher noncompliance. This implies risk-based allocation of the inspection efforts and, hence, its endogeneity. Using fixed effects and an instrumental-variable approach, we show that higher inspection efforts have a limited effect on compliance. Based on a theoretical framework and international evidence, we discuss challenges for law enforcement, the political importance of compliance, and possible improvement measures.

Intrusive tech-enabled surveillance and ‘National Security’ secrecy: mounting concerns of mass snooping amid informational asymmetry

Abstract The onset of technological innovations such as Big Data and Analytics is changing the ways in which law enforcement agencies police and investigate crimes in India. Pervasive technologies like smartphones, closed-circuit cameras, etc, coupled with such innovations have augmented abilities of law enforcement to identify, monitor and predict suspicious individuals and activities. However, the expansive adoption of intrusive technologies for law enforcement challenge the statutory and the constitutional limits on mass surveillance. Also, the government has not been forthcoming in disclosing details about the extent and the ambition of such surveillance technologies. The secrecy has resulted in an informational asymmetry between the people and the government which raises profound concerns of mistrust, transparency and public-accountability. This article examines the feasibility of the ‘national security’ argument that law enforcement agencies normatively use to justify such secrecy of their surveillance powers. They argue that such disclosures may negatively affect their investigational strategies and render them susceptible to circumvention, such that it may be a risk to ‘national security’. The article analyses such ‘national security’ secrecy claims that currently exist without any proper surveillance law and external oversight. The article seeks to recommend meaningful approaches to limit the over-broad ‘national security’ secrecy claims and initiate an informed public conversation on expansive tech-enabled surveillance practices of the Indian government.

Law-Enforcement Challenges, Responses and Collaborations Concerning Environmental Crimes and Harms in Bangladesh.

As Kailemia observes, “environmental crimes are an area of increasing concern, not only because of [their] globalized nature” but because these crimes have “impacts beyond the capacity of criminal justice systems of most states to comprehend or address.” How then can criminal justice agencies, particularly in the global south, respond to national and transnational environmental challenges? This paper takes the case of Bangladesh and outlines examples of anthropogenic activities that are destroying biodiversity and polluting the environment in this country. It then situates these crimes and harms in the context of environmental law, and the work of police and environment agencies, in Bangladesh. The paper concludes with a consideration of future options for environmental law enforcement in Bangladesh.