Politics, Social Values, and Judicial Decisions

at
Categories
Tags

 

 

Smartphones, the Internet, and rapid advancement of technology have come to influence all aspects of people’s daily lives. However, as with any advancement in technology, there are always those who will misuse this technology for their own purposescriminal and abusive. In fact, the developer of the ILOVEYOU worm, one of the most destructive computer viruses in history, faced no legal penalty in his nation because at the time, what he did was not a crime. This is but one example of many in which the law has been unable to keep pace with technology. In this activity, you are tasked with conducting independent research to identify specific legal concerns and issues associated with technology. In your independent research, you must discuss one example involving technology and the criminal justice system. Then, either for this issue or a separate issue analyze the constitutional challenges that are involved with the technology that is used in the criminal justice system.

Sample Solution

Legal Concerns and Issues Associated with Technology

The rapid advancement of technology has outpaced existing legal frameworks, creating a complex landscape of challenges for the criminal justice system. Here, we’ll explore two key areas:

1. Technology and Criminal Activity:

  • Example: The use of deepfakes (hyper-realistic manipulated videos) for criminal purposes is a growing concern. These videos can be used to create fake incriminating evidence, damage reputations, or extort individuals. Current laws might not adequately address the creation and distribution of deepfakes, making it difficult to prosecute those who misuse them.

2. Constitutional Challenges:

  • Issue: Facial Recognition Technology (FRT) is increasingly used by law enforcement for identification and surveillance. However, FRT raises significant privacy concerns and can be biased against certain demographics. This creates a potential violation of the Fourth Amendment’s protection against unreasonable search and seizure.

Constitutional Challenges with Facial Recognition Technology:

FRT allows authorities to scan faces in public places, raising concerns about:

  • Privacy: Mass, indiscriminate collection of facial recognition data can create a powerful surveillance tool, potentially chilling free movement and association.
  • Accuracy: FRT algorithms can be biased, leading to misidentification of minorities and people of color at a higher rate. This can lead to wrongful arrests and detentions.
  • Transparency: The lack of transparency in FRT algorithms raises concerns about due process. Individuals have limited recourse if they are misidentified by FRT, especially if the algorithms and their biases are not publicly disclosed.

The Need for Legal Reform:

These examples highlight the need for legal reform to address the evolving challenges of technology. Here are some potential solutions:

  • Legislation: Creating specific laws to criminalize the misuse of technologies like deepfakes would provide a legal framework for prosecution.
  • Regulation: Implementing regulations for FRT usage by law enforcement can ensure transparency, limit data collection, and mitigate bias in algorithms.
  • Oversight: Independent oversight bodies can monitor the use of technology in the criminal justice system, ensuring compliance with constitutional rights.

Technology is a powerful tool, and the legal system needs to adapt to ensure its benefits are maximized while protecting fundamental rights. By fostering collaboration between policymakers, technologists, and legal experts, we can develop a framework that promotes public safety without compromising individual liberties.

This question has been answered.

Get Answer