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Covert evidence gathering has not seen major changes in decades. Law enforcement Agencies (LEAs) are even today using conventional, man-power based techniques such as interviews and searches to gather forensic evidence. As sophistication of both criminals and their crimes are increasing, investigators must improve the means available for gathering a body of compelling evidence of a suspect’s involvement in a crime. Concealed surveillance devices have been instrumental in this direction, providing irrefutable evidence that can play an important part in bringing criminals to justice. However, current video surveillance systems are usually bulky and complicated, and rely on complex, expensive infrastructure to supply power, bandwidth and illumination.

A current digital IP surveillance system

A current digital IP surveillance system.

EXISTING TECHNOLOGICAL ADVANCES

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Recent years have seen significant advances in the surveillance industry, in both hardware and software, but these were often targeted to other markets and applications. Sensor technology has evolved, resulting in smaller modules with significantly higher resolution and image quality. At the same time platforms that host the sensors have also improved, embedding more powerful processing units, enabling more complex but also more energy-demanding operations. However, the imaging community is, understandably, focusing on cameras for mobile phones, where the figures of merit are resolution, image quality, and extremely low profile. Power consumption, while an important parameter, is often a secondary aspect. A mobile phone with its camera on would consume its entire power supply in less than two hours. Industrial surveillance cameras are even more power hungry, typically requiring 10W for their operation, even without night illumination.

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Important advances have been also achieved in the signal processing domain. New vision algorithms have been produced to facilitate a rich semantic understanding of events occurring in a parking lot, a city corner, a highway, an office room, or a house where an elderly person is living alone (face recognition, object recognition to name a few). However, many recent breakthroughs are oriented towards the advantages that the “Cloud” and “Big Data” offer and require extremely high processing power, such as backend server farms, and are not available in conventional surveillance systems. Low power consumption for surveilance has yet to emerge as a central topic for R&D.

CURRENT STATE

The gradual integration of new technologies in the standard law enforcement procedure for fighting organized crime has led to a dramatic increase in the availability of equipment within the reach of law enforcement agencies for covert surveillance. Historically seen as the preserve of specialist units and associated with investigations into serious and organised crime, covert deployments are now widely made. New technologies have enabled better quality of video surveillance, miniaturization of devices, multiple communication channels and increased autonomy with the use of energy harvesters. However, video surveillance is currently still expensive, power-hungry, complicated and used mainly for recording with only limited real-time scene interpretation analytics. Despite the abundance of commercial devices, what is missing is an autonomous, intelligent sensor; a small, smart device, easily concealable, intelligent enough to provide the required evidence effectively and cost effectively. Such a device must be able to respond to operational requirements, recording only when predefined events occur, minimizing cost, complexity, installing time, and reliance on often unavailable infrastructure. To multiply the capabilities of such sensors, secure and intelligent communications are needed; secure to respect the unfavourable operation conditions and intelligent to safeguard the energy preserves against unnecessary communications attempts.

CONCERNS

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It is well known that covert surveillance techniques imply interference with fundamental rights of the persons subject to surveillance, and in particular to the potential impact on their right to privacy and to the protection of their personal data. Such rights are guaranteed by several international and European human right conventions and declarations, as well as by the European Union and national data protection legislations. Given the likely negative impact of the video surveillance on the privacy and data protection, it is essential that the human rights impact of the use of a covert technique is considered in advance of each deployment. Not all socially accepted values are encoded into the law, but remain an important reference point in the form of the ethical principles. Surveillance technology might interfere with such social values, endangering the acceptance of the surveillance technologies in the democratic societies. It is, thus, crucial to identify the ethical questions and principles applicable to surveillance, and assess the impact of the surveillance on such principles. It is also important to consider the application of the general principles of the criminal justice, such as the principles of the due process of law or the principle of presumption of innocence.

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The integrity of the acquired digital evidence plays a predominant role in the digital process of forensic investigation. Proper chain of custody must include information on how the evidence was collected, transported, analysed, preserved, and handled. It must document where, when and how the digital evidence was discovered, collected, handled with, when and who came in contact with the evidence and whether it is altered in any way. If a link is missing in this chain, it could be deemed compromised and may be rejected by the court.

Any successful technical implementation does not necessarily warrant its admissibility in court. A strict and formal process needs to be followed, which can vary significantly among Member State, in order to make evidence, provided by a surveillance system, acceptable in court for the cause of prosecuting crime. Initially the device needs to be certified and controlled by the authorised crime prosecuting and investigating authorities, in order at first to be employed by them. Its findings need to be examined and cross-tested, in order to warrant their technical usability in court. Even more importantly, the relevant legal provisions need to be examined to ensure that such findings can be used as evidence and the recording procedure is completely transparent. In the court, all the technical data regarding the recorded data will need to be made available to the defendor’s legal side, in order to be able to be examined with their own technical advisors, and maybe contest their consistency, if applicable.