Maria Grazia Porcedda and David S. Wall (European University Institute – Department of Law (LAW) and University of Leeds, Centre for Criminal Justice Studies) have posted Data Science, Data Crime and the Law (Porcedda, M.G. and Wall, D.S. (2018) ‘Data Science, Data Crime and the Law’, in V. M-ak, E. Tjong Tjin Tai & A. Berlee (eds) Research Handbook on Data Science & Law, London: Edward Elgar) on SSRN. Here is the abstract:
This chapter explores the relationship between data science, data crimes and the law. It illustrates how big data is responsible for big data crimes, but that data science and law could mutually help each other by identifying the ethical and legal devices necessary to enable big data analytic techniques to identify the key stages at which data crimes take place and also prevent them. The first part looks at the strengths and weaknesses of data science (big data analytics). The second part explores the data crimes created by Big Data to understand their risks, threats, and harms. The third part discusses the opportunities and limitations of the use of data science in surveillance and criminal prosecution to consider whether the predictive (anticipatory) qualities of Big Data analytics could be applied to identify Big Data Crime.