Policing Transnational Organized Crime and Corruption

Exploring the Role of Communication Interception Technology

M. Congram, P. Bell, Kenneth A. Loparo

• Publisher: Palgrave Pivot
• Year: 2013
• ISBN:
  9781137333797
• Topic: Social Sciences
• Subtopic: Criminology
• Index: Social Sciences

Examining the role of communication interception technology (CIT) in the investigation of transnational organised crime, the authors demonstrate that a proactive intelligence-led policing framework and a re-evaluation of the constraints of CIT are required to combat the international issue of corruption.

1

Introduction

Abstract: The development of information and communication technology (ICT), in providing opportunities for improved communication for both legitimate and criminal purposes, impedes traditional law enforcement strategies directed towards the disruption of criminal activities. This chapter introduces the research problem to be addressed by the remaining chapters: that the development of ICT and its use for illegitimate purposes presents a key vulnerability that can be exploited by law enforcement agencies (LEAs). Transnational organized crime (TOC) and corruption take advantage of modern information and communication technologies to communicate and in doing so communication interception technology (CIT) has become a crucial weapon in the fight against TOC and corruption. This chapter introduces the elements addressed throughout the book, explaining the underpinning research methodology, scope and limitations.

Congram, Mitchell, Peter Bell, and Mark Lauchs. Policing Transnational Organized Crime and Corruption: Exploring the Role of Communication Interception Technology. Basingstoke: Palgrave Macmillan, 2013. DOI: 10.1057/9781137333797.

The consistent development of information and communication technology (ICT) and its subsequent growth in usage and popularity has not been limited to legitimate uses. Indeed, ICT is routinely utilized by criminals to advance their own illicit goals. The ability to communicate is a key requirement for any organized crime and/or corrupt network and, as such, is a key vulnerability. The need for two criminal entities to exchange information regarding a planned crime is the critical point at which law enforcement agencies (LEAs) can disrupt criminal activities. With transnational organized crime (TOC) and corruption much of this communication makes use of ICT and, as such, communication interception technology (CIT) is a crucial weapon that can be utilized. However, without the placement of CIT in the correct policing framework and a viable knowledge management model it is a weapon lacking efficiency or effectiveness (Congram and Bell, 2010).

This book provides academics, researchers and practitioners in the law enforcement and intelligence fields with a comprehensive review and analysis of literature in the fields of CIT, TOC and corruption (particularly official corruption) up to the first decade of the 21st century. In particular, the book has a strong focus on four, English-speaking Commonwealth countries, namely: Australia, New Zealand (NZ), Canada and the United Kingdom (UK). It reviews the notion and threat of TOC and corruption, the modern frameworks of policing methodology, and the issues and concerns relevant to the practice of employing CIT in the fight against TOC and corruption. In doing so the book provides a strong argument for, and evidence of, the growing acceptance of the need to place CIT within the investigation continuum. Based on the review and analysis the authors propose a model of best practice that will support the development of a proactive and intelligence-led framework that will underpin the use of CIT in the fight against TOC and corruption.

Research problem and significance of the research

An assortment of research surrounds CIT (see for example Attorney General’s Department, 2008; Bamford, 2009; Brady, 2008; Flood and Gasper, 2009; Heldon, 2009; Leyden, 2009; Rogers, 2009; Waters, Ball and Dudgeon, 2008; Willey, 2009; Jackson et al., 2007) and TOC (see for example Abadinsky, 2009; Andreas and Nadelmann, 2006; Australian Crime Commission, 2009; Block, 2008; Borger, 2007; Brady, 2008; Davies, 2007; Leong, 2008; Lyman and Potter, 2007; Malkin, 2007; Stelfox, 2008; United Nations Office of Drugs and Crime, 2008; Walters, 2009; Chalk et al., 2009).

However, these bodies of knowledge have rarely intersected in an examination of the effective and practical use that CIT can have against TOC and corruption. Researching TOC, corruption and entrepreneurial criminals is an essential endeavour, as the expansion of ICT, breaking down of borders, and connections across the globe means that all nations have the potential to be negatively impacted by criminal entities. It is, therefore, imperative to understand how these criminals are operating, how they are structured and, more importantly, how they can be stopped. This research addresses an important gap in the modern policing theory.

While there is some literature on CIT it is either outdated and does not address the current issues and legislation of the 21st century or focuses less on its use as a law enforcement tool and primarily on the privacy concerns that arise with an intrusive method of investigation. Others focus on the use and implementation in a foreign country and therefore are limited in their application to Australia and other English-speaking Commonwealth countries.

The globalization and growth of TOC and corrupt networks is a cause for great concern amongst society and it is essential to examine whether CIT is an appropriate law enforcement tool to be used in this context.

This is done by asking:

1 How effective is communication interception technology in the fight against TOC and corruption? and;

2 How should the issues surrounding CIT be best managed within a practical law enforcement framework by English-speaking Commonwealth countries that share comparable legislative platforms?

The present study therefore builds on the existing literature on organized criminality, official corruption and CIT, and draws them together to provide a clearer overview of CIT’s use in an enforcement and intelligence capacity. This research addresses several gaps in the literature by examining how TOC enterprises and networks of corruption are structured, their respective method(s) of communication and how this is a vulnerability that can be exploited by LEAs. The research identifies the most appropriate policing methodology to underpin the use of CIT and how it can be or is currently being restricted by the policing culture and privacy concerns present in various English-speaking Commonwealth countries.

By examining the way in which CIT can be used, this publication contributes to the knowledge that can provide greater efficacy for law enforcement strategies and the disruption of the serious threat posed by official corruption and TOC to society. The publication findings have further implications for intelligence-led policing (ILP) initiatives and the subsequent use of intelligence as a strategic decision-making tool which can be implemented appropriately into the broader Commonwealth law enforcement community (Coyne and Bell, 2011b).

Limitations in scope

It is important to note that this book is confined to open and available source material up to and including March 2012. As can be expected, there have been major advancements in ICT as well as significant changes to legislation and policy since this data collection period. The release of the Tallinn Manual on the International Law Applicable to Cyber Warfare in 2013 is a prime example. The Manual was created at the invitation of the NATO Cooperative Cyber Defence Centre of Excellence and is a collection of opinions of independent experts in relation to how ‘extant international law norms apply to this “new” form of warfare’ (www.ccdcoe.org). As its release occurred outside of the data collection period the Manual is not covered in this publication; it may, however, be of interest to academics, researchers and professionals in the law enforcement and intelligence arenas and can be accessed by visiting The NATO Cooperative Cyber Defence Centre of Excellence website (www.ccdcoe.org). While specific issues such as cyber attack and cyber crime are not the focus of this book, specific legal instruments employed by certain Commonwealth countries in managing cyber crime and the like are touched on in relevant chapters.

Book structure

This book comprises nine chapters. The second and third chapters provide a review of the literature and relevant theory on TOC and corruption (in particular official corruption) respectively. Both chapters seek to examine the issues surrounding the definition of both TOC and official corruption, their theoretical constructs, as well as predominant organizational structures and vulnerabilities. The literature is also examined with regard to the legislative instruments that are used to address the issues of TOC and official corruption in Australia and other English-speaking Commonwealth countries, namely: NZ, Canada and the UK.

Chapter 4 examines contemporary policing methodologies, theories, systems, processes and practices used to investigate TOC and official corruption in Australia and other English-speaking Commonwealth countries. The chapter analyses specific policing and anti-corruption models such as traditional policing, community-oriented policing, problem-oriented policing, computer statistics and ILP.

Chapter 5 analyses the strategies currently employed by law enforcement organizations within Australia, NZ, Canada and the UK to investigate corrupt systems and ‘dark networks’ – networks that are covert and illegal. The inclusion of CIT as an investigative/intelligence tool is discussed along with contemporary anti-corruption methods such as integrity testing and advanced integrity testing. The chapter also examines the legislative instruments that support the deployment of CIT strategies in such investigations and various proactive measures designed to reduce the incidence of official corruption.

Chapter 6 discusses CIT in the context of being more than just an individual investigative tool used to gather intelligence and evidence in investigations relating to TOC and official corruption, but rather that CIT is frequently incorporated into the surveillance arena of practical investigative methodologies. The chapter examines the legislative instruments used to support and monitor the lawful use of CIT in Australia, NZ, Canada and the UK and discusses the various forms of CIT, its role and function within an investigation and the challenges posed to both investigators and legislators. It also identifies the major constraints to the advancement of CIT in an investigative capacity: legislative constraints, privacy concerns and intelligence culture.

Chapter 7 discusses several emergent themes within the literature regarding the direction of intelligence doctrine and contemporary investigative strategies in combating TOC and official corruption and the role for CIT in support of the four primary directions of intelligence direction, the ILP model and the practical application and effectiveness of CIT.

Chapter 8 presents a conceptual framework for the effective integration of CIT into investigations of TOC and official corruption. The chapter also examines the impact of legislation, intelligence limitations and organizational culture on the efficacy of the proposed conceptual framework.

Chapter 9 provides a conclusion and includes a summation of the main themes contained in the book, providing some indication of the challenges faced by LEAs in Australia and other English-speaking Commonwealth countries in combating TOC and official corruption. The concluding chapter also makes recommendations for further research.

Research approach

In support of the research outlined in this book a qualitative study employing grounded theory was used to explore the relationship between CIT and its application in practical policing methodologies. Denzin and Lincoln (2005) argue that qualitative research highlights the importance of meanings and processes that are not otherwise measured or examined, where the characteristics of the data relate to numbers, such as quantity, frequency or intensity. Hence qualitative research methods involve analysing interviews and texts in order to uncover meaningful patterns relating to a particular issue (Mason, 2002; Denzin and Lincoln, 2005; Neuman, 2006). The use of the grounded theory methodology provided legitimacy and logic to the study and allowed theory to emerge from the data. Grounded theory is defined by Glaser (1998) as a systematic generation of theory from data acquired through thorough research, providing an integrated set of conceptual hypotheses and probability statements about the relationship between concepts. Grounded theory provides a viable method of induction and deduction of theory without the need to force the data (Glaser, 1978, 1992, 1998; Glaser and Strauss, 1967).

The research questions developed for this study focus on framing two issues. The first relates to the effectiveness of the use of CIT by Australian LEAs in being able to combat TOC. The second relates to the practical framework, or model of best practice, for LEAs to harness the ‘crime fighting’ capacity of CIT.

As such the study was designed to address the following two questions:

1 How effective is CIT in the fight against transnational organized crime?

2 How is CIT best managed in a practical law enforcement framework?

Data collection

A data collection plan (DCP) was used to manage the collection process. The DCP allowed the researchers to list the initial data requirements and work in incremental tasks for collection.

When a source of data was found the details were recorded within a spreadsheet, along with any relevant comments and a folio reference number to allow for easy recall. This ensured that the researcher was covering all areas relevant to the research and that unnecessary saturation of a particular topic did not occurring. If a new topic of relevance was discovered during the collection and/or analysis phases this was simply added to the DCP as a new data requirement and the process for collection was repeated. Using the data requirements listed in the DCP the researcher was then able to commence actual collection.

Data collection included all available and relevant sources up to and including March 2012. With a range of relevant resources available the researchers utilized various search engines as a systematic research tool for this study. Initially, broad keyword search terms such as ‘communication interception’, ‘communication interception technology’, ‘stored communication interception’, ‘email interception’, ‘SMS interception’, ‘lawful interception’ and ‘interception legislation’ were utilized. Additionally, the literature review had suggested that communication interception research was grouped into three areas: privacy considerations, legal considerations and practical applications. Subsequently, more specific search terms such as ‘privacy’, ‘legal’ and ‘applications’ and appropriate synonyms such as ‘intercepts’, ‘telecommunications’ and ‘phone’ were employed to target core subjects. The documents retrieved through these searches also guided the decision for the use of further search terms to obtain information that was more specific. For example, key phrases such as ‘tapping’ or ‘taps’ and ‘bugging’ or ‘bugs’ were discovered which led to the creation of more specific keyword phrases such as ‘telecommunication + bugs or bugging’, ‘telecommunication + taps or tapping’, ‘communication + bugs or bugging’, ‘phone + taps or tapping’ or ‘phone + bugs or bugging’. In doing this the researchers were able to conduct searches that were more refined and retrieve data of greater relevance. Additionally, the researchers used a variety of phrases developed from ‘signals intelligence’. The researchers recognized that, whilst the majority of the results related to military history concepts and national security, the underlying concepts and data that resulted proved relevant to the project. It is important to note, however, that issues that have become increasingly relevant in the literature post-2012 such as cyber warfare-related issues are not specifically covered in this book. As such, related terms such as ‘botnets’, ‘Trojan insertion’ and ‘ransomware’ were not included in the data collection process.

Online databases such as the Attorney General’s Information Service Plus Text, CINCH Australian Criminology Database, Criminal Justice Periodicals, Informit, SpringerLink, Informaworld and ScienceDirect, along with the use of various search engines such as Lexis-Nexis, provided a vast array of online peer-reviewed journals. Databases such as the Australia/New Zealand Reference Centre, ProQuest Telecommunications and ProQuest Social Sciences provided the latest accounts relating to interception technology and...

Table of contents

• Cover
• Title
• 1  Introduction
• 2  Transnational Organized Crime
• 3  Corruption
• 4  Policing Methodologies
• 5  Anti-Corruption Models
• 6  Communication Interception Technology
• 7  Directions in Intelligence and Investigations
• 8  Integrating Communication Interception Technology within Investigations
• 9  Conclusion
• References
• Index