Optimal Law Enforcement with Sophisticated and Naive Offenders

Buechel, Berno; Feess, Eberhard; Muehlheusser, Gerd

doi:10.2139/ssrn.3229032

Cited by 1 publication

(1 citation statement)

References 34 publications

(58 reference statements)

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Nonetheless, the existing literature recognises that transparency in law enforcement, including surveillance, may reduce the effectiveness of law enforcement efforts. 187 If law enforcement authorities aim to use LFR effectively in a covert manner, it is therefore imperative that they revise their SOPs that currently impose excessive transparency requirements.…”

Section: Appropriate Transparency Overt Use Of Lfr and The Alternativementioning

confidence: 99%

Regulating Use by Law Enforcement Authorities of Live Facial Recognition Technology in Public Spaces: An Incremental Approach

Gikay

2023

C.L.J.

View full text Add to dashboard Cite

Amid the growing calls for the complete prohibition of the use by law enforcement authorities of live facial recognition (LFR) technology in public spaces, this article advocates for an incremental approach to regulating the use of the technology. By analysing legislative instruments, judicial decisions, deployment practices of UK law enforcement authorities, various procedural and policy documents, as well as available safeguards, the article suggests incremental adjustments to the existing legal framework instead of sweeping regulatory change. The proposed approach calls for adopting national legal rules governing watch lists and introducing spatial, temporal and contextual limitations on the deployment of technology based on the assessment of proportionality and necessity. To enhance the effectiveness of overt surveillance using LFR, the article recommends adopting a transparency procedure that promotes accountability without undermining the objectives of law enforcement. Alternatively, the overt use of the technology should be limited to deterring the commission of crimes and safeguarding public safety, where transparency does not undermine its effectiveness. Limiting the scope of overt use of LFR technology entails that law enforcement agencies primarily utilise covert surveillance, with prior judicial approval, except in urgent cases, as this would improve effective criminal investigation and public safety. The legal adjustments proposed in this article can be implemented through flexible secondary legislation or local policies, rather than rigid statutory rules.

show abstract

Section: Appropriate Transparency Overt Use Of Lfr and The Alternativementioning

confidence: 99%

Regulating Use by Law Enforcement Authorities of Live Facial Recognition Technology in Public Spaces: An Incremental Approach

Gikay

2023

C.L.J.

View full text Add to dashboard Cite

show abstract

Optimal Law Enforcement with Sophisticated and Naive Offenders

Cited by 1 publication

References 34 publications

Regulating Use by Law Enforcement Authorities of Live Facial Recognition Technology in Public Spaces: An Incremental Approach

Regulating Use by Law Enforcement Authorities of Live Facial Recognition Technology in Public Spaces: An Incremental Approach

Contact Info

Product

Resources

About