In today’s data-driven, interconnected world, digital evidence is the cornerstone of criminal investigations. Stakeholders throughout the criminal justice system – from first responders at the scene to judges presiding over criminal prosecutions – require specialized knowledge and resources to effectively leverage digital evidence in lawful criminal investigations. However, law enforcement agencies often lack the sufficient training, resources, and best practices to do so. Today’s introduction of the Technology in Criminal Justice Act of 2019 represents a long overdue, practical measure to help address this gap.
By providing much needed resources to train law enforcement personnel in procedures and best practices related to lawful access of digital evidence, this bill will better prepare American law enforcement agencies, across the federal, state, and local levels, to efficiently leverage data in criminal proceedings and keep our communities safe.
As the Center for Strategic and International Studies (CSIS) highlighted in a July 2018 report, over one third of law enforcement personnel surveyed face challenges in accessing, analyzing, and utilizing the data needed to solve criminal investigations. The greatest obstacle law enforcement personnel identify is the ability to correctly determine which technology provider has access to the digital evidence needed. Further, as the process to lawfully obtain digital evidence may vary amongst technology providers, law enforcement officials may face hurdles in determining the correct terminology or level of specification to use when preparing requests. These kinds of challenges are often best addressed by practical trainings and technical assistance programs which the Technology in Criminal Justice Act of 2019 will fund through grant programs.
This bipartisan bill, introduced by Reps. Val Demings (D-FL), Conor Lamb (D-PA), Brian Babin (R-TX), and John Rutherford (R-FL), will establish a central Office of Digital Law Enforcement at the Department of Justice to provide dedicated leadership to policies and programs that support and train local, state, and federal law enforcement.
The bill will also establish a clearinghouse to coordinate activities across the many federally funded organizations that assist law enforcement, while promoting more efficient delivery, and more consistent quality, of trainings that incorporate privacy and civil liberties considerations. As described in BSA’s Global Best Practices for Law Enforcement Access to Digital Evidence, safeguards for the rights and liberties of citizens must be incorporated at all stages of law enforcement investigations involving digital evidence.
The bill will establish a Department of Justice Technology Policy Advisory Board as well, to enable sustained dialogue between law enforcement and technology leaders to help the Department identify and address concerns relating to digital evidence access, understand the role emerging technologies play, and promote much-needed collaboration between the law enforcement and service provider communities.
As digital evidence grows increasingly vital to law enforcement investigations and the types and volume of data available continue to proliferate, it is crucial that Congress works to pass smart, practical legislation that will support and train the law enforcement personnel working diligently to keep our country safe. By requiring the Director to identify and disseminate best practices related to law enforcement access to digital evidence, this legislation will help our law enforcement agencies stay up-to-speed as they navigate new technologies, as well as the processes and requirements necessary to lawfully obtain data from different service providers.
BSA encourages the House Judiciary Committee to move forward in exploring this key piece of legislation and hopes this bill will prove a valuable starting point for future conversations about proactive solutions to law enforcement access challenges.
