Mitchell Congram

Communication Interception Technology

Reviewing the current literature surrounding the specific use of communication interception technology (CIT) and its effectiveness, this chapter shows that, according to the literature, CIT usage is limited in areas such as the fight against transnational organized crime (TOC) and corruption. It identifies that the key issues surrounding the use of CIT are legislation (governing usage), privacy concerns and culture. Despite these constraints, specific case studies cited in this chapter provide a valuable means to examine the effectiveness of CIT as a tool against transnational crime. In particular they demonstrate how intelligence derived from intercept products can provide timely and valuable information, be used to increase understanding of how criminal organizations operate, and lead to significant arrests and seizures.

Laying the Groundwork for the Successful Deployment of Communication Interception Technology (CIT) in Modern Policing

ABSTRACT With the growth and development of communication technology there is an increasing need for the use of interception technologies in modern policing. Law enforcement agencies are faced with increasingly sophisticated and complex criminal networks that utilise modern communication technology as a basis for their criminal success. In particular, transnational organised crime (TOC) is a diverse and complicated arena, costing global society in excess of

Integrating Communication Interception Technology within Investigations

3 trillion annually, a figure that continues to grow (Borger, 2007) as crime groups take advantage of disappearing borders and greater profit markets. However, whilst communication can be a critical success factor for criminal enterprise it is also a key vulnerability. It is this vulnerability that the use of CIT, such as phone taps or email interception, can exploit. As such, law enforcement agencies now need a method and framework that allows them to utilise CIT to combat these crimes efficiently and successfully. This paper provides a review of current literature with the specific purpose of considering the effectiveness of CIT in the fight against TOC and the groundwork that must be laid in order for it to be fully exploited. In doing so, it fills an important gap in current research, focusing on the practical implementation of CIT as opposed to the traditional area of privacy concerns that arise with intrusive methods of investigation. The findings support the notion that CIT is an essential intelligence gathering tool that has a strong place within the modern policing arena. It identifies that the most effective use of CIT is grounded within a proactive, intelligence‐led framework and concludes that in order for this to happen Australian authorities and law enforcement agencies must re‐evaluate and address the current legislative and operational constraints placed on the use of CIT and the culture that surrounds intelligence in policing.

Anti-Corruption Models

This chapter presents a way forward for placing communication interception technology (CIT) within the investigative framework. It proposes a conceptual model demonstrating how CIT in general can be integrated into investigations and intelligence operations. Ensuring intelligence is central, the model places CIT within an intelligence-led policing (ILP) framework, supporting the integration of tacit knowledge by way of an overarching knowledge-managed policing philosophy. The model outlines five key elements: Intelligence Probe, Preliminary Investigation, Warrantless Inquiries, Warranted Inquiries and Post-operational Intelligence Analysis. While conceptual, the model seeks to generate discussion on the merits of integrating CIT within an ILP framework, while endeavouring to balance privacy concerns by ensuring that legal thresholds are met and all other avenues of investigation are exhausted.

Directions in Intelligence and Investigations

This chapter examines the techniques used to investigate corrupt systems and dark networks, which are, by their nature, hidden from view and must be revealed through the gathering of intelligence. It reviews the considerations to be examined in order to dismantle entire networks including the structure of investigative agencies. Illustrating that communication interception technology (CIT) can be used on its own or in combination with other strategies to gather information on the full network, provide the evidence necessary to build a strategic intelligence picture of the corrupt environment, and supply evidence in criminal trials, the chapter confirms that CIT provides significant opportunities for intelligence and evidence gathering that otherwise are not available when CIT powers are not accessible to investigators.

Transnational Organized Crime

This chapter concerns the directions in intelligence and investigations relating to transnational organized crime (TOC) and official corruption. It identifies that the need for an intelligence-led approach to policing is apparent throughout the literature. Intelligence — which can be garnered through the use of communication interception technology (CIT) — needs to underpin both investigations of TOC and official corruption. However, as this chapter establishes, current policing strategies do not place intelligence at the centre of law enforcement doctrine. While investigators (both of TOC and corruption) have access to CIT powers, access to certain types of metadata which has the potential to support vital avenues of TOC and corruption investigations remain elusive as a result of societal concerns and current legislation.

Intelligence-Led Policing (ILP) as A Strategic Planning Resource in the Fight against Transnational Organized Crime (TOC)

In today’s complex and ever-changing criminal environment, law enforcement agencies have become increasingly aware that their capabilities have been substantially surpassed by the number of criminal acts and rapid expansion of globalized crime. However, despite the growing impact of transnational organized crime (TOC), our understanding of the role of strategic intelligence in combating such crimes remains limited. This chapter reviews the current literature, exploring the definitional issues that plague academics and practitioners alike. Touching on the structures of TOC, the chapter identifies TOC’s increasingly networked structure and the impact this has on law enforcement responses. The authors discuss current issues surrounding the use of strategic TOC intelligence, particularly within intelligence-led policing methodologies. TOC is presented as providing an excellent context to explore the use of strategic intelligence in law enforcement given its complex nature and interaction with national and transnational policing.