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THE INTERNET

Internet Issues for Law Enforcement Managers

1.      INTRODUCTION

The Net provides a huge range of challenges for Law Enforcement

Let us start by looking at the reasons why new venture “E” companies fail and compare these to the current situation for Law Enforcement in the UK.

This paper will consider the impact of the Net on Law Enforcement Managers.

It will set out a series of discussion points to help LE Managers to consider their responsibilities in this field.

Throughout the document reference will be made to a simple model of resources and demand. I will identify those areas which will impact on either the available resources of the Police, or the demands placed on those existing resources.

The objective of management should be to create a balance between the demands (outputs) and resources (inputs) in order to create an appropriate outcome.

Discussion throughout will centre on this fine balance. The start point for the debate will be a current equilibrium between resources and demand, although it is accepted that this balance may not be universal.

There are a number of issues for Law Enforcement Managers that the Net brings. Some are simple some are complex. Differentiating these is a challenge in itself. Perhaps the ability to identify those uses that will reduce demand or increase resources will be of greater value than the opposite.

Some issues will be about what to investigate. Others will be about the use that can be made of the web for operational purposes.

Behind the development of the Net is the need to run an efficient effective and economic organisation whilst maintaining the core business and being ever watchful of change. Other changes already affecting the (UK) police include the impact of the Human Rights Act, the aftermath of Macpherson, Regionalisation, Technological Infrastructure as well as striving to attain stretching targets. Assessing the impact of the Net needs to be measured against these other huge demands.

The Internet provides police management with a number of opportunities and challenges. 

It provides the opportunity for management to communicate more effectively, not just with their staff, but with the public, to ensure consistency of message when dealing with the media, and is a huge resource for information and appropriate contacts. These could be used to reduce demand or to increase resources by encouraging others to assist.

The Internet also provides a number of challenges.  

These relate to the investigation of offences committed using the Internet or where the Internet becomes a medium for storage of illicit material. Here are areas where management may feel that the Net creates an irrelevant distraction to our core business. This view is widely held and should not be ignored.

Police managers should consider the option of doing nothing in relation to the Internet as a recipe for disaster. 

2.      ACCESS

There is an almost universal lack of access to the internet amongst officers in the UK. This prevents us from communicating with our colleagues in other agencies and with outside interests. Being able to undertake simple transmissions via email and forward and receive files is a standard practice yet the majority of UK forces still see it as not necessary. The demands in relation to time saved needs to be assessed against the cost in time and cash of providing the appropriate protection and training.  But we also need to consider the additional resources that can be gained by obtaining much quicker and more active co-operation from other agencies. Again the LE Manager has to balance the potential demands versus the potential positive or negative impact on resources.

The following issues start to become problematic within the Police environment when looked at as either a positive or negative impact on demand and resources.

3.      OPERATIONS

The Internet provides Law Enforcement with a much faster communication system that can help us to make effective and efficient use of technology. Managers should drive that development rather than be driven by it. However there should be an understanding of the likely impact of adopting new technology. The use of a business case helps to focus the mind on all areas of activity.

Operationally the Net shrinks the world and can provide international perspectives to simple activities.

Our strategies for seizing evidence and placing it before a court will be changed especially as there is likely to be an international aspect to even simple investigations.

Our Evidential standards will have to react to a new electronic environment.

We will need to consider providing the tools and equipment for the task. In so doing the LE manager will wish to consider the likely impact this will have on business delivery.

It is likely that our approach to particular problems will also be different. The impact on Sex Offenders of posting details could be dramatic.

 possibility of Sex Offenders going “underground” and the responses such a policy might create. In other words will the activity increase our demands or is it an effective means of increasing our resources by using the community to help us control such people.

Police forces will be looking at ways to bring in investment for large technology spend. Invariably infrastructure costs will be high as will be training and support. Again the impact on the business environment needs to be assessed.  

Our approach to providing information about crime prevention will not only be enhanced but will allow other agencies to develop their own ways to help us prevent criminal activity. There is a huge gain here for increasing our resources as we focus people’s attention towards crime reduction. This should also reduce demand.

l be boosted by allowing a free exchange of information subject of course to the controls of the Data Protection Act and Human Rights Act. Providing direct access to Databases can reduce lead-time for data flow. This can reduce demands and increase the value of our existing resources.

We should be able to use the Net to develop new methods for working together and solving common problems. The communications element of the Net helps to bring agencies closer and so increase the resources available to tackle problems.

 
 We will also need to consider the way we manage our staff and the likely impact of extensive viewing of distasteful material would cause. Where officers are engaged in securing evidence from computer hard drives LE managers may wish to adopt strategies to tackle burnout or “mind pollution” of those viewing such images.  A great deal of evidence to date consists of pornographic and paedophilic images.  These are far in excess of the quantity of video footage previously uncovered.  The impact that viewing highly obscene and disturbing images can have on individual staff members should not be overlooked.  Management have a direct responsibility for the welfare needs of their staff and should take every step available to monitor and to reduce the impact of such exposure. Again with the growth in storage space the LE Manager may wish to consider the impact on staff.

Management has a responsibility to identify priorities for their staff avoiding investigators spending time on irrelevant and minor investigations.  Whilst helping to train those investigators in using the Internet, it does little to support the overall objectives of law enforcement if investigations are undertaken that do not meet Force agreed priorities.  It is, therefore, a management responsibility to identify what should and should not be investigated. Any time wasted on irrelevant investigations is an increase in demand or a decrease in resources. This needs careful management and control to ensure that such work is both worthy and, more importantly, worthwhile.

The provision of easily accessible information may change the priorities and methods we adopt for tackling issues. Consider the creation of a refugee centre. These sites are invaluable in such work. Exchange of such information helps LE and can reduce time in identifying assistance.

The culture of the Police Service has long been one of conservatism and lack of change. The reliance on historic agreements and methods has been a strength within the UK that many organisations would greatly desire. LE Managers will wish to retain this advantage, yet take advantage of opportunities. Again the balance of demands and resources may be skewed by the need to retain our cultural roots.

The Net provides the service with the ability to change faster and indeed will provoke that change as the means to communicate speeds up and information flows wider.

5.      CRIME AND INVESTIGATION PROCESS

Currently there are a number of methods for individuals to report criminal offences to the Police.  Invariably they are limited to personal contact with the Police Force for the area in which the crime occurs by, either telephone, or visiting a local station.

Through the Net crime can be reported anywhere in the world. This applies not just to Net crime but traditional or core  crime as well.

Officers and staff receiving such reports should have an understanding of how such reports can be made.  This again is a management issue.  Front line staff who are in direct contact with complainants require a basic understanding of the Internet and electronic mail, particularly since information storage by ISP’s can be limited to a matter of hours or days, and if enquiries are left too long they will flounder. Increasing accessibility to report could have an effect on demand which should be planned. However against this is the ease with which crime of a minor nature can be recorded by the victim direct and remove the need for an interface. This would be a reduction in demand.

Management also needs to address whether crime can be reported electronically and, if so, to create systems to allow it.

Net crime itself requires definition in order to identify what will and will not be recorded and investigated by the police. It could include for example persistent stalking, the transfer of paedophilic images, and credit card fraud.

There are other offences where, except in the most exceptional circumstances, there would be no police involvement.  These might include minor infringements of copyright, low level abuse and software piracy.

Within these two extremes there are a number of cases where it might be appropriate for particular criteria to be applied.  LE Management may wish to create criteria that helps operational staff to identify what we are prepared to investigate.

This should reduce the amount of time spent on frivolous investigations. For example

                        1.         The prospect of a successful prosecution

                        2.         Severity of harm caused or likely to be caused

                        3.         Availability of other solutions through other agencies

                        4.         Access to the mechanisms used to commit the offence

It is very easy for the LE Manager to plea for  resources to meet this growing demand, but other vested interests may prevent LE taking a lead in this area.

Getting our response wrong can result in a number of problems not least of all a legal one. Again our keenness to become involved in extraneous investigations could have a direct impact on the provision of a service if we have to make large payouts in litigation.

6.      INTERNET CRIME

Recent events demonstrate that anyone can be a victim of Net abuse. The extent to which we pour resources into international investigations needs to be assessed against the likely output, but more importantly the likely outcome.

Managers should take responsibility for providing adequate information and systems for their staff. Simple principals might include

There is a plethora of guidance manuals and advice available to LE agencies. Making these available and creating locally driven protocols is a management responsibility.

An adequate understanding of the extent of Net crime and of the use of legislation will also assist managers to appreciate the finer points of the law. The law changes regularly as lawyers fight to extend the scope of previous interpretations.

Likewise knowledge of legal procedures for example the use of Drug Trafficking Orders will help officers to maximise evidence gathering opportunities. LE managers can make a difference to perceptions of the complexities by having an understanding of the principles involved with Net crime. They should be seeking to make the maximum use of legislative powers to reduce demand.

There should be a clear acceptance of what the police role is when allegations are made involving computer crime and/or the unlawful use of the Internet. This acceptance should be driven by LE management. Without a consensus there is every likelihood that staff will be engaged in frivolous activity 

Guidance should be provided which clearly identifies cases in which the police would definitely become involved, cases where the police would definitely not become involved, and those where our involvement would be based on a threshold that would need to be exceeded.

A working knowledge of the potential impact of stalking can change managers perceptions of the criminal value of the Net. Perhaps looking for the distasteful and accepting potential consequences can help us avoid tragedy

  Operationally there is a need to manage the continued exchange of information between investigators using existing technology. There is certainly a need for closer liaison with ISP’s and the Industry to develop new tools and techniques. ISPs can be our resources. Working with other agencies increases the availability of people to tackle these problems. LE Managers should acknowledge the value of good working relationships, not just with ISPs but also a wide range of national and transnational organisations and networks.

7.      SMELL THE COFFEE

It is not difficult to find information which identifies the near exponential growth of the Net. This is readily available to LE Managers.

Management need to be aware of the increase in growth of the Net.  There is a huge stock-pile of evidence that demonstrates the massive growth in this area.  Managers also need to be aware of the impact that Net crime and access generally can have on more traditional crime levels.

There is also a great deal of information demonstrating how the Net is being used and the motivation of Net folk. One recent piece of work has identified types of shoppers. This could be used to look at likely targets and address information accordingly.

8.         MANAGING THE ACTIVITY

Computer crime investigators sometimes feel isolated and devalued by their peers and management.  Investigating crimes whilst sitting at a desk and using a keyboard and screen is not seen in the same light as forcing entry to a drug dealer’s den.  They both, however, have an equal and valuable role to play in the fight against crime.  Smarter investigating using all resources including the Internet should be seen as the way forward.  Computer crime investigators should be valued and their role should be seen as an important link in the fight against crime.  Managers have a responsibility to uphold this role. However, the manager needs to be aware of the interaction between the different approaches and ensure that there is some balance between active enforcement and reactive use of the Net. This can be a very difficult balance to keep particularly in the light of community expectations and the need to be aware of peoples misunderstanding of the role of the Cyber Cop.

In trying not to alienate less technical parts of society the LE Manager will also need to be aware of the “Digital Divide” which can separate people or communities on the basis of their access to technology.

Managers also need to consider how to access those parts of the community that are difficult to reach.

There will also be an expectation that the Police will be capable of dealing with Net crime as well as maintaining contact with the community. The extremes of expectations will be extended. Likewise will the requirements for development from a number of organisations monitoring the Police.

9.      GETTING THE RIGHT KIT

Managers have a responsibility to develop strategies to help their organisations develop, and will be assessed on their ability to provide:

·        Adequate tools to undertake the task

·        Clear and unambiguous policy statements relating to investigative   techniques.

·        Clear and accessible procedures for seizing equipment, and for evidence presentation.

·        Clear guidelines when dealing with investigations with an international perspective.

·        Common standards and forensic techniques

These issues can have an impact on the demands internally and externally as well as providing opportunities to involve others in tackling mutual problems.

  10.    TRAINING

Training Courses should be applicable to the type of activity to be performed and relevant to the needs of the organisation. There are many organisations delivering world wide services to assist the Cyber Cop. Rationalising the value is difficult and a challenge to Managers. Business cases for such training needs to consider the likely impact on resources and the ability of managers to control trained staff once they are equipped.

In order to provide a competent response, staff should be selected according to set criteria.  A recruitment strategy will be required to ensure that each Force has the capacity and ability to investigate more than just minor breaches of criminal law.

Management also need to value the intellectual capital of staff in this area and understand that trained staff will have a commercial value in the open market which will be considered if they are not appropriately managed. 

Managers themselves should have the ability to use and understand technology as well as to appreciate the impact that the Net could have on the organisation.

Training courses for managers could include:

·        Introduction to the Net and e-mail.

·        Newsgroups.

·        Using FTP.

·        Using the Net as a Research Tool.

·        Encryption

·        Internet Communication Protocols and Architecture.

·        Intro to Email and Usenet Forensics.

·        Criminal Law and the Internet

·         Marketing Websites

11.    CONCLUSIONS

The Net provides Law Enforcement with a wondrous opportunity yet also provides a series of new and fascinating problems. The opportunity to develop wider and more efficient partnerships cannot be understated, neither can the need to appreciate the level of control necessary to prevent well intentioned Cyber Cops from driving the Net Agenda.

Management should be part of the debate that leads the organisation to use the Net rather than be led by it.

12.    FINALLY

The Net provides us with a huge opportunity to change the way we operate.  Here are some activities that have been successfully conducted using the net

1.                  Undertaken an International Complaint against the Police

2.                  Advertised Wanted people.

3.                  Ensured effective transfer of documents requiring personal signatures.

4.                  Followed drug dealers

5.                  Investigated threats to kill

6.                  Provided storage for presentations

7.                  Managed Itineraries in three continents

8.                  Advertised services

9.                  Debated local issues

10.             Collected timely Intelligence concerning Football Violence

11.             Monitored intelligence for Sex Offenders  

13.       promoted a colleagues success??