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Social and Behavioral Sciences Commons

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William & Mary Law School

Legal Studies

Police Departments

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Full-Text Articles in Social and Behavioral Sciences

The Investigative Dynamics Of The Use Of Malware By Law Enforcement, Paul Ohm Dec 2017

The Investigative Dynamics Of The Use Of Malware By Law Enforcement, Paul Ohm

William & Mary Bill of Rights Journal

The police have started to use malware—and other forms of government hacking—to solve crimes. Some fear coming abuses—the widespread use of malware when traditional investigative techniques would work just as well or to investigate political opponents or dissident speakers. This Article argues that these abuses will be checked, at least in part, by the very nature of malware and the way it must be controlled. This analysis utilizes a previously unformalized research methodology called “investigative dynamics” to come to these conclusions. Because every use of malware risks spoiling the tool—by revealing a software vulnerability that can be patched—the police will …


Feeding The Machine: Policing, Crime Data, & Algorithms, Elizabeth E. Joh Dec 2017

Feeding The Machine: Policing, Crime Data, & Algorithms, Elizabeth E. Joh

William & Mary Bill of Rights Journal

No abstract provided.