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Caught Between Old Crimes And New Tech: Anti-Human Trafficking Efforts In The Modern Digital Age

By Jessica Wilkerson 

Introduction 

As society has become increasingly intertwined with and reliant upon the Internet, so have criminal investigations. While this explosion in digital evidence has in many ways been a boon—some commentators speak of a “golden era of surveillance”[1]—the growth and continued evolution of relevant technologies poses significant challenges to the prosecution of criminal acts.

This is especially true in the context of human trafficking investigations, which tend to heavily leverage digital infrastructures like mobile phones and the Internet. This article explores two evolving technologies—device encryption and DNS-over-HTTPS—to provide an explanation of how they work, and the challenges, both practical and legal, that they create for law enforcement efforts to combat human trafficking. In doing so, this article aims to create a deeper understanding of these technologies, dispel myths or confirm theories about their impacts, and explore proposals for ways in which necessary advancements in technology can, should, and must coexist with the needs of law enforcement to prosecute crime.

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International Law Governance of Autonomous Weapon Systems And The Turn To Ethics

By Dr. Thompson Chengeta,

Faculty of Social Science, University of Southampton

I.  Introduction

The cutting-edge technology of autonomous weapon systems (AWS) – robotic weapons that once activated, are able to make the decision as to who to target or harm without any further human intervention or control[1] – presents several legal, ethical, and security challenges.  There is no agreement among states on how this emerging technology should be governed. Do we need new laws or are existing ones adequate?  If existing laws are inadequate to govern AWS, should the international community turn to ethics to fill the gaps? These are the questions that are answered in this piece.

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The European Commission on the Privacy Shield: All Bark and No Bite?

By: Kimberly A. Houser[*] and W. Gregory Voss[**]

Introduction

Much has been written about the difference in the privacy laws of the European Union and the United States and ideologies behind the two regimes.[1]  One risk of the increasing divergence in views on privacy is the potential halting of data transfers from the European Union to the United States by the European Commission (EC).  As data is a significant driver of the world economy,[2] special care must be taken both to ensure that data is able to cross borders easily, and individuals’ rights to data protection are respected.

The General Data Protection Regulation (GDPR)[3] prohibits the transfer of personal data outside of the European Economic Area (EEA) to countries without “adequate” privacy protections.  As the United States is considered to have insufficient protections, the EC requires that an approved mechanism, such as the Privacy Shield—its agreement with the United States that permits U.S. companies to self-certify that they will meet certain minimum privacy protections[4]—be used for such transfers.  Alternative mechanisms include standard contractual clauses (SCCs).[5]  Suspension of any one approved mechanism may call into question the legitimacy of the others.

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