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26 Theoretical Criminology 3 (2022)

handle is hein.journals/thcr26 and id is 1 raw text is: Article
Theoretical Criminology
2022, Vol. 26(I) 3-22
Surveillance         arbitration         in the                  @TheAuthor(s)2020
era of digital policing                                         Article reuseguielnes
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DOI: 10.1 177/ 1362480620967020
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Peter Fussey                                                           ŽSAGE
University of Essex, UK
Ajay Sandhu
Ryerson University, Canada
Abstract
This article analyses adoptions of innovative technology into police surveillance
activities. Extending the nascent body of empirical research on digital policing, the article
draws on qualitative interview data of operational police uses of advanced surveillance
technologies. Separate illustrative examples are drawn from social media intelligence
gathering, digital forensics and covert online child sexual exploitation investigations.
Here, surveillance governance mechanisms, often authored in the 'pre-digital' era,
are deemed ill-fitting to the possibilities brought by new technologies. This generates
new spaces of interpretation, where regulatory frameworks become renegotiated and
reinterpreted, a process defined here as 'surveillance arbitration'. These deliberations
are resolved in myriad ways, including perceived licence for extended surveillance and,
conversely, more cautious approaches motivated by perceived exposure to regulatory
sanction.
Keywords
Governance, policing, regulation, surveillance, technology
Introduction
Paralleling their growing presence in contemporary society, digital surveillance tech-
nologies increasingly occupy a central role in police practice. Innovations receiving par-
ticular public attention include advances in predictive policing, enhanced online
Corresponding author:
Peter Fussey, Department of Sociology, University of Essex, Wivenhoe Park, Colchester, C04 3SQ, UK.
Email: pfussey@essex.ac.uk