Towards Coherent Regulation of Law Enforcement Surveillance in the Network Society

Abstract

In this paper, we study the evolution of telecommunications technology and its impact on law enforcement surveillance. Privacy and the need for law enforcement to conduct investigations have not been at the center of the recent public policy debate. Yet, policy environments have approved law enforcement surveillance that can be and is intrusive. Law enforcement surveillance therefore deserves particular attention when discussing the basic human right to privacy. We illustrate that despite the gradual acceptance of the basic human right to privacy, in the digital age the United States (US) government continues its historical pattern of using technology to enhance its power of search . The most recent example is the installation of the Digital Collection System 1000 (DCS1000), formerly known as Carnivore, a classified packet sniffer, on American networks by the American federal law enforcement agency.