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


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