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67 J.L. Pol'y & Globalization 185 (2017)
Rethinking Pre-Crime Surveillance versus Privacy in an Increasingly Insecure World: Imperative Expediency

handle is hein.journals/jawpglob67 and id is 185 raw text is: Journal of Law, Policy and Globalization vww lise o ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) Vol.67, 2017 1st Rethinking Pre-Crime Surveillance versus Privacy in an Increasingly Insecure World: Imperative Expediency Olubukola Olugasa Department of Private & Commercial Law, Babcock University School of Law & Security Studies, Iperu-Remo Campus, Ogun State, Nigeria; formerly a Visiting Scholar, Center for Law, Technology and Society, Faculty of Law (Common Law Section), University of Ottawa, Canada E-mail: buki. olu'hotmail. com or olugasao'babcock. edu. nig Abstract Till date the United States of America has not overcome the 9/11 shock despite her efficient police and intelligence network. Nigerians would have perhaps saved the horror of the Boko Haram kidnap of the 276 innocent school girls in Maiduguri. Australians in Sydney would perhaps have prevented the death of two citizens in the hand of a man with known history of violence and crime at the siege in Martin Place had proper pre-emptive measures been taken. Less than 24 hours to that of Sydney Pakistan suffered its most horrifying attack in the hands of the Pakistan Taliban, causing a massacre of about 126 innocent children. Next, France became the victim. Some world leaders gathered to conduct a solidarity march and protest against terrorism. The clamour among scholars who hold fastidiously to the preservation of privacy against the quest for crime prevention surveillance in an insecure world today may be very rational and worthy of merits. But is it expedient? It appears the various democratic jurisdictions agitate against crime prevention surveillance in a manner detrimental to the same security they concertedly desire to provide for the citizens. Law enforcement agencies seek efficiency, relevance and confidence of the citizens in their role in society but it seems the same society backed by scholars would not listen? What message are we passing to the law enforcement agencies? Who should the population trust more; the citizens or the law enforcement officers? Whose privacy is the state protecting? Whose security is the state obliged to protect? Could the resistance to crime prevention surveillance tie the hands of the state law enforcement and inadvertently provide opportunities for criminals and terrorists? What is the way forward? These are the questions this paper intends to discuss in the light of recent global events of security breaches. Key Words: Adversarial system, Privacy, Surveillance, Criminal justice, Crime prevention, Crime control, Security 1. Introduction In some developed jurisdictions like the United States of America and Canada, the police have continually improved with the pace of socio-economic and technological advancement in crime prevention. Yet these jurisdictions are not able through the police to cover quite significant proactive crime prevention.1 Till date the United States of America has not overcome the 9/11 shock despite her efficient police and intelligence network. The question of how manage the security officials and the highly regarded intelligence agencies of the government could not prevent such a disaster still reverberates. Nigerians would have perhaps saved the horror of the Boko Haram kidnap of the 276 innocent school girls in Maiduguri.2 Australians in Sydney would perhaps have prevented the death of two citizens in the hand of a man with known history of violence and crime at the siege in Martin Place had proper pre-emptive measures been taken. Less than 24 hours to that of Sydney Pakistan suffered its most horrifying attack in recent time in the hands of the Pakistan brand of Taliban, causing a massacre of about 126 innocent children.4 Next to that France became the victim and in an unprecedented fashion, some world leaders gathered to conduct a solidarity march and protest against terrorism. The news of these agonizing events resonates all over the world. Perhaps carried away by the intoxicating freedom of speech syndrome journalists inadvertently celebrate the villains. What a terrorist wants is publicity5 of his act and he 'K. Bryett & C. Lewis, (n3), pp.1-48. The victims are referred to as the Chibok girls. 2 See Boko Haram abducts 200 schoolgirls in Borno Available at h://wwwnunchn2.com/news/boko-haram-abducts-200- schoo1&iAsin-bomo/ Accessed on 20/12/2014. 3 See Sydney hostage drama: Live updates as police cordon off busy street as hostages are being held in cafe, Available at hM://www.mrror co.uk/news/vorld-news/svdnev-hostane-drama-ive-pdates-4812272 Accessed on 15/12/2014. The siege lasted for over 16 hours with three casualties. 4 See Taliban attack on Pakistan school leaves 126 dead, Available at http://www.cbc.ca/news/world/taliban-attack-on- pakistan-school-leaves-126-dead-1.2874449 Accessed on 15/12/2014 5 Alex Schmid, Terrorism as Psychological Warfare (2005) in Democracy and Security, 1:137-146, 2005, particularly at 185

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