SSRN Id3742516
SSRN Id3742516
SSRN Id3742516
[2020] UNSWLRS 80
UNSW Law
UNSW Sydney NSW 2052 Australia
E: [email protected]
W: http://www.law.unsw.edu.au/research/faculty-publications
AustLII: http://www.austlii.edu.au/au/journals/UNSWLRS/
SSRN: http://www.ssrn.com/link/UNSW-LEG.html
UNSW Law (UNSW Australia, Sydney NSW 2052 Australia), and Data to Decisions Cooperative
Research Centre
This is the original version of a paper (March 2016) that was revised and published as Chan J;Moses
LB, 2017, 'Making sense of big data for security', British Journal of Criminology, vol. 57, pp. 299 - 319,
http://dx.doi.org/10.1093/bjc/azw059.
Abstract
Big Data technology is said to hold great promise for improved efficiency and effectiveness for law
enforcement and security intelligence agencies. This article aims to develop a cultural analysis of the
potential impact of Big Data on the production of national and international security. Building on a
Bourdesian framework for analysing police and new technologies, the article draws on empirical data
from an Australian study to examine how security agents made sense of the capability and value of
Big Data and developed technological frames that envisaged how this new technology could enhance
or change their practices. The analysis demonstrates the importance of understanding the habitus of
security agents in negotiating technological change in the field of security production.
Keywords
Big Data, Law enforcement, Security intelligence, Sensemaking, Technological frames, Cultural
analysis
1. Introduction
‘Big Data’ is an amorphous concept that has been used to refer both to large, diverse, rapidly-
changing datasets, or to the analytic techniques employed to extract information from such
datasets. While some have attempted to refine the definition of ‘Big Data’ (see e.g. Kitchin 2014),
others avoid the term, preferring ‘data science’ or ‘data analytics’. Boyd and Crawford (2012: 663)
take a broader view and describe ‘Big Data’ as ‘a cultural, technological, and scholarly phenomenon’
involving technology, analysis and mythology. The concept of ‘Big Data’ thus remains flexible,
subject to the different interpretations among those who seek to analyse or employ data-related
technologies for a wide variety of scholarly, commercial and government purposes (Bennett Moses
and Chan 2014; Chan and Bennett Moses 2016).
It has been suggested that Big Data holds great promise for improving the efficiency and
effectiveness of law enforcement and security intelligence agencies. For example, the Executive
Office of the President (US) (Podesta et al. 2014: 29, 58) has claimed that ‘[b]ig data can be a
powerful tool for law enforcement’ and that it ‘holds the potential to … substantially strengthen
national security’. Similar claims about the use and potential of Big Data appear on websites and in
other publications (see Wyllie 2013; Olesker 2012; Staniforth and Akhgar 2015).
This article aims to develop a cultural analysis of the potential impact of Big Data technology on law
enforcement and security intelligence by conceptualising Big Data as a new technique of security that
is being introduced into national and international security projects (Valverde 2014). Building on
Chan’s (2003) integration of Orlikowski and Gash’s (1994) notion of technological frames into a
Bourdieusian analysis of police’s reception of new technologies, the article draws on empirical data
from an Australian study to examine how security agents in law enforcement and national security
agencies made sense of the capability and value of Big Data and developed technological frames that
envisaged how this new technology could enhance or change their practices. The analysis
demonstrates the importance of understanding the habitus of security agents in negotiating
technological change in the field of security production.
The article is divided into nine parts. Part 2 develops a conceptual framework employed in our
analysis. In particular, it integrates Valverde’s (2014) ‘security projects’, Orlikowski and Gash’s (1994)
‘technological frames’, Weick’s (1995) ‘sensemaking’, and Bourdieu’s theory of practice to explain
how different social groups respond to the possibility of technological change. Part 3 summarises the
findings of the available empirical research on the impact of technology on security practices. Part 4
briefly describes the research method and research participants. Part 5 analyses the working
assumptions of security agents about current purposes of using data for security production. Part 6
describes security agents’ framing of Big Data—its nature, capability and value—compared with other
stakeholders. Part 7 explores their expectations about Big Data technology, while Part 8 examines
their perceptions of the impact of Big Data on the distribution of capital in the field of security
production. Part 9 concludes by summarising the findings and discussing their broader implications.
Security Projects
Valverde (2014: 382) has suggested that a fruitful way for researchers to study the governance of
crime and security is to focus on security projects—‘the governing networks and mechanisms that
claim to be promoting security at all scales’. Instead of focusing on ‘security’ as a concept, she argues
that we should look at the ‘very wide variety of activities and practices that are being carried out
under the name of “security”’ (Valverde 2014: 383–4). In particular, it is important to examine the
logic, spatiotemporal scale, jurisdiction and techniques of security projects. These aspects of security
are more than what their labels suggest. For example, the notion of logic in this formulation goes
further than the instrumental, rational dimension of governance to include its affective and aesthetic
dimensions: ‘the aims and the assumptions of a project – that which tells us what counts as relevant
information – but also the culturally specific fears and moods that pervade the field of security’
(Valverde 2014: 384). Similarly, scale has both spatial (or geographic) and temporal (both direction
and duration) dimensions. A distinction identified by Valverde that is highly relevant to our discussion
is that between past-focused exercises such as crime detection and criminal investigation and future-
oriented activities such as crime prevention in the governance of security. Jurisdiction is not
necessarily tied to geographical space but involves specifying ‘the proper authority for space X or
problem Y’ and thus ends up determining how X or Y should be governed (Valverde 2014: 388).
Finally, techniques of security encompass more than technologies or equipment; they can denote
reporting formats, as well as law, architecture, bodily habits and other governance tools.
While Valverde’s dimensions are useful for analysing security projects in general, concepts from
science and technology studies and theories of practice can provide additional tools for examining
the logic and practices in projects that involve technological change. The next section is devoted to a
discussion of technological frames and sensemaking.
Any data that we can collate online, whether it be that online evidence that may indicate the
commission of offence or assist in making a nexus, a link, to that offence, such as
photographs, emails, whether it be data these days, obviously text messages, contacts.
Realistically it’s comprised of anything that’s online that we can, again lawfully, collate for
the purpose of our investigation… we use any data that we can get our hands on lawfully,
certainly, to assist in our investigation. (O, emphasis added)
In terms of the temporal scale (Valverde 2014) of their security projects, research participants from
operational organisations nominated a range of past-focused and future-oriented purposes of using
data. Past-focused purposes include investigation, arrest and prosecution (nominated by 9
participants), reporting (1), and event evaluation (1); while future-oriented purposes include
prevention or disruption of incidence or mitigation of risks (6), intelligence gathering (4),
identification of trends or risks (3), policy or service decisions (3) and trust building (1). Often, data
would serve multiple purposes, such as:
This highlights that different missions involve different data and different tools. For example,
investigation and disruption both involve identifying individuals to whom data pertains. Even where
research participants described using data for future-focused activities, the kind of analysis being
done very much revolved around investigating individuals for past conduct or identifying individuals
who may be involved in future conduct rather than understanding broader trends among groups. This
is consistent with the fact that almost all research participants were only interested in identified,
rather than de-identified data:
Rarely is it de-identified, because the only reason we'd be sharing information is for
investigative action or in support of an investigative outcome. … [T]he purpose … is to
identify who, what, where, how, etc. … [I]t has to be for the purposes of the conduct of an
investigation with an intent to prosecute, and where all other avenues have dried up. (O)
With few exceptions, where sharing of de-identified was discussed, it was generally as a future
possibility or rare practice:
It is possible that, in the future, police could use our data to predict trends....(O)
The systems that we're currently looking at aren't trying to de-identify data. (T)
The above findings suggest that the importance of using data for case-by-case, investigative or
disruptive purposes, rather than for identification of trends, predictions, or strategic analysis, is a
shared assumption among security agents, a key dimension of their habitus, even at the managerial
level.
Participants were both attracted to new technology and wary of what it may bring. To make sense of
this new scenario, ‘they simultaneously interpret their knowledge with trusted frameworks, yet
mistrust those very same frameworks by testing new frameworks and new interpretations’ (Weick et
al. 2005: 412). Trusted frameworks can be based on traditions or standard procedures, naïve
expectations or informed understanding, familiar experience or a leap of faith. As one technologist
participant pointed out, unrealistic expectations can lead to ‘pretty bad outcomes’:
I think there are risks around expectations … historically in [technical organisation] we’ve
talked about it as the ‘find terrorist’ button. …[O]ur organisation was working on counter-
terrorism problems and probably for the first three or four years of our existence the most
requested feature was some manifestation of which button do I press to actually find the
bad guy? There is, particularly among non-technical people, a yearning desire based on
movies and otherwise to actually think that there is an ability to just automatically do their
job for them. The reality is that that’s far, far from the truth and far, far from desirable … So
there’s a risk that the expectation will never be met and there’s a risk that the expectation is
just misguided to begin with. … There’s no substitute for having an intelligent human being
in their intuitions and understanding of the world and you very much… want that person to
be there. There’s a risk that that is not well understood and there’s a risk of software
companies coming to the table and saying, well, technology is the answer and due to that
mismatch of expectation too much willingness on behalf of these agencies to accept that as
true which could ultimately have pretty bad outcomes. (T)
Some participants focused less on capability and more on the ability to use the tools conveniently,
referencing features like mobility and speed:
More and more they want the data immediately or in real time. … [A]t least some agencies
are moving towards the need to have data on device when out on the streets when doing
their job. (O)
That comes down to again speed access to that data, to download that or to upload that
information, and to access it, and capacity. (O)
This perspective is very much grounded in existing frameworks and modes of practice.
Given the importance of case-by-case investigation or disruption of crime or disorder, operational
participants who considered capability improvements generally expected Big Data to bring more
diverse data (as implicit in the understanding of Big Data as data aggregation), and thus were
concerned that it also comes with better facilities for sorting or prioritising information, which may
require a higher degree of automation:
Law enforcement organisations are thirsting for more data and the right data at the right
time. They are nervous about being swamped with data so getting right data is important.
(O)
What you want is that if there are a thousand pieces of information we want the analytical
tools to do the analysis, to understand the context and prioritise to say do this one first, this
one second, this one third ... (O)
[T]he amount of Big Data that that is going to create is very large but there’s going to be a lot
of useful information in there and an extreme amount of un-useful information. So our
ability to gain access to that data and have a mechanism to find the needle in the haystack or
the valuable information from the rubbish is going to be extremely important. (O)
Related to the idea of better sorting was improved tools for human-driven search and data
exploration. These were generally framed by comparisons with existing and familiar commercial
products, such as Google and IBM Watson, sometimes by direct reference and sometimes by similarly
described functionality:
9. Conclusion
In spite of the promises of Big Data for improving the efficiency and effectiveness of policing and
security agents, very little is known about how Big Data is understood or imagined by these agents.
Empirical findings from our Australian study suggest that Big Data is a security technique that is both
novel and contested (cf Goold et al. 2013). Less than half of the security agents who participated in
the research reported that Big Data was being used in their unit; their conception of Big Data was
therefore not necessarily based on experience with this technology. Different stakeholders perceived
the value of Big Data in slightly different ways: while all participants emphasised its analytic capacity,
security agents tended to focus on the richness of data and the investigative advantage it affords,
while participants in policy and technical organisations saw Big Data as opening up opportunities for a
more proactive approach to security based on inferences from trends and patterns. This is consistent
with an important dimension of the habitus of security agents: while data was considered useful for
both past-focused activities (e.g. detection and investigation) and future-oriented exercises (e.g.
prevention, disruption or risk reduction), the focus was almost always on identifying and learning
about individuals rather than understanding broader trends. Security agents expected Big Data to
provide better access to more data and a range of improvements over current methods, without any
fundamental change in approach. Their visions of what Big Data could offer were primarily based on
their current technological frames and their experience with existing commercial tools. While they
were aware of community concerns around issues such as privacy and data security, they were
especially conscious of the political and reputational risks in raising public expectations and not
delivering the outcomes through technical or human errors.
A better understanding of how cultural assumptions (part of habitus) can influence the impact of new
technology is not only important for managing technological change within organisations, but also for
designing regulatory or governance regimes (other techniques of security) for the benefit of the
broader community. Goold et al.’s (2013:987) analysis of how surveillance cameras in the UK have
become a banal security object, taken for granted by citizens as ‘an integral part of the infrastructure
of public life’, even a new kind of ‘security blanket’, should alert us to the possibility of the
‘securitisation’ of Big Data going down the same path, either through ignorance or apathy.
There are many potential futures for greater use of Big Data in national security, both from the
perspective of potential access to larger, integrated datasets, and the increased capacity to extract
information from data. There are also a number of risks associated with different pathways, which
will affect the likelihood and extent of impact on the potential ‘losers’ here. The habitus of different
players in the field is crucial because it will affect how security practices change in response to Big
Data ideas. Because of the diversity among stakeholders, the outcome is partly a question of
jurisdiction in Valverde’s sense, and not only of the technical performance of the various possibilities.
Our study has revealed where there are gaps in participants’ understandings of risks or impact on
capital. For example, while there is an awareness within operational organisations of the limits of
fully automated decision-making, there is also a strong sense that algorithms can be used to prioritise
targets and perhaps even identify new ones. Surprisingly, only one research participant (from the
policy group) raised the issue of discrimination as a risk in this context. The study thus also suggests
that, while arguments about privacy are familiar (although subject to disagreement), other risks are
either unexplored or only considered within particular types of organisation. If Big Data is to make a
difference to security practice, there needs to be greater alignment among sectors regarding
understandings of the technologies involved, whether and how they ought to change approaches to
security, and, most crucially, where the risks lie and how negative impacts can be diminished.
Funding
This work was supported the Data to Decisions Cooperative Research Centre (D2D CRC) [DC52001].
Acknowledgment
The authors would like to thank Professor Louis de Koker and Dr Alana Maurshat for contributing to
the project design and the fieldwork. We also thank the D2D CRC for their assistance with the
recruitment of research participants. The valuable research assistance provided by Daniel Cater and
Brigid McManus is also gratefully received. We thank all research participants for their generosity in
responding to our invitations and Gavin Smith for his insightful comments on an earlier draft of this
article. The views expressed in this paper do not represent those of the D2D CRC.
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25
20
15
10
0
Aggregated Beyond
Analytic/
Volume / integrated human/est. Velocity Marketing Variety Veracity
prediction
data technology
Operational 10 8 6 4 2 0 2 1
Technical 4 2 0 2 2 5 1 0
Policy 8 3 3 0 1 0 1 1
TOTAL 22 13 9 6 5 5 4 2
*Note: Multiple responses can be coded for each research participant. There were 19 participants from Operational, 7 from Technical and 12 from Policy organisations.
20
18
16
14
12
10
0
Better
Proactive/pre Improved Need caution
Analytic Richness of Investigative government Confidence in
ventative efficiency/ re Don’t know
capacity data advantage decisions/ data
policing effectiveness expectations
services
Operational 7 4 0 5 2 0 1 1 0
Technical 4 3 4 0 3 3 0 0 0
Policy 8 2 3 1 1 1 2 0 1
TOTAL 19 9 7 6 6 4 3 1 1
*Note: Multiple responses can be coded for each research participant. There were 19 participants from Operational, 7 from Technical and 12 from Policy organisations.
14
12
10
8
6
4 Operational
2 Technical
0 Policy
Data Misplaced trust Political and
Public TOTAL
Privacy security/integrit Misuse of data in technology / reputational Overload Discrimination
perceptions
y algorithms risks
Operational 5 5 2 6 6 5 4 0
Technical 1 0 2 3 0 0 0 0
Policy 6 6 6 1 1 1 0 1
TOTAL 12 11 10 10 7 6 4 1
*Note: Multiple responses can be coded for each research participant. There were 19 participants from Operational, 7 from Technical and 12 from Policy organisations.