Training the police for cyber-realities: Recommendations for Arizona law revisions
Dr. Frank Kardasz, December 30, 2008, Revised February 11, 2009
Our Computer Culture
Cyberspace and computers have altered our lives, for better and sometimes for worse. Many people have computers in their homes and offices. School children often have computers in classrooms. Law enforcement officers have computers in the workplace. Police stations have computers for recording incidents and writing reports. Many police cars have computers to aid officers dispatched to calls. Victims and suspects of crimes have computers that are sometimes stolen or sometimes used during cybercrimes.
Cybercrime Explosion
Computers are also quietly used to facilitate sex crimes against minors including luring, enticement and unlawful images depicting exploitation. Most of the crimes against children go unreported because young victims cannot call the police. Part of our growing awareness of the large numbers of Internet crimes comes from thousands of reports of unlawful images through the National Center for Missing and Exploited Childrens' Cybertip line and also from the sad reports of a few victims (1).
Recent undercover investigative efforts to explore cybercrimes against children have resulted in surprising and increasing numbers of incidents in Arizona (2) and worldwide. Internet crimes against children are arguably among the most under-reported and rapidly growing types of crimes. Cybercrimes pose a dangerous threat to young people.
Law Enforcement Training Void
Despite the increases in computer crimes, law enforcement training has not kept pace with the trend. Police training regarding computer crimes is practically nil and not required at the basic academy level. Analogous to the proliferation of automobiles and subsequent development of traffic enforcement a hundred years ago, we now face the proliferation of computers but without the accompanying law enforcement response.
A Congressional report in 2007 said:
Basic Police Training in Arizona
In Arizona, basic police training includes a long list of topics that a fledgling officer must endure (4). State laws and regulations require training consisting of 585 hours of basic police instruction (4). The list includes many important and worthy subjects including firearms, pursuit driving, laws of arrest and defensive tactics.
Noticeably absent from the list of required basic police training topics is any reference to training about Internet crimes against minors. It is now time to formally recognize the growing problem of cybercrimes against children and provide basic training to officers.
Surely the problem of Internet crimes against children is at least equal in importance with traffic enforcement. Traffic law and traffic law enforcement is mentioned many times in the Arizona State requirements for basic police training. Problematic motoring is taught during Functional Area IV - Traffic Control (5). Students must learn about impaired driver cases, traffic citations, traffic collision investigation, traffic collision (practical), traffic direction, and substantive traffic Law. Aren't Internet crimes against children as important as traffic crimes?
Nay-sayers may argue that it is impossible to add more hours to current police academy training. The 585 hour schedule is packed with high-liability topics that each new officer must master. While that may be true, and while it may be difficult to extend the 585 hours to 586 or 587, why not combine or shorten some of the other courses and devote a little less time to them in order to make room for the growing needs of child victims in cyberspace. Could less time be spent on history, summonses, civil process, intoxication, or traffic?
Summary
It is time to act affirmatively to help children in cyberspace by educating the police. In 2008, we are finally passing the cyber-torch to a generation of new police officers who were raised with computers as we simultaneously retire those veterans who once abhorred computers. Arizona law enforcement academies should recognize Internet crimes against children by including training about the crimes within the basic police training curriculum.
Partly because children cannot call 911, Internet crimes against them will be ignored until legislation encourages basic training for law enforcement officers. The encouragement begins with educating officers to properly respond to and investigate the offenses. The suggested law revisions below are an affirmative move towards that goal.
Recommendations
The following three changes to Arizona Revised Statutes Title 41 and Arizona Administrative Code R13-4-103 regarding basic peace officer training would make education about Internet crimes against minors mandatory for new officers.
I. ARS 41-1822 - add paragraph (g)
Revise the Arizona Revised Statute 41-1822 regarding basic police training to include the language below in a new paragraph (g) under subsection 4 and a revised paragraph 5:
4. Prescribe minimum courses of training and minimum standards for training facilities for law enforcement officers. Only this state and political subdivisions of this state may conduct basic peace officer training. Basic peace officer academies may admit individuals who are not peace officer cadets only if a cadet meets the minimum qualifications established by paragraph 3 of this subsection. Training shall include:
II. ARS 41-1822 - revise paragraph 5
5. Recommend curricula for advanced courses and seminars in law enforcement and intelligence training in universities, colleges and community colleges, in conjunction with the governing body of the educational institution.
III. Administrative Regulation R13-4-116 Academy Requirements - add paragraph xi
Revise the Administrative Regulations governing certification of peace officers (R13-4-116). Under functional area V - Crime Scene Management, add the following investigative area to the list of items:
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References
(1) Jaffee, M. (October 18, 2007). Emotional testimony from online predator victim. WZZM13.com. Retrieved December 30, 2008 from http://www.wzzm13.com/news/news_article.aspx?storyid=82414
(2) Kardasz, F. (March 25, 2008). Contraband images in Arizona: Cities and Internet service providers, February through March 2008. Retrieved December 30, 2008 from http://kardasz.org/blog/2008/04/contraband_images_in_arizona.html
(3) Committee on Energy and Commerce. (January 2007). Sexual exploitation of children over the Internet. Staff report of the 109th Congress. Retrieved February 11, 2009 from http://republicans.energycommerce.house.gov/108/News/01032007_Report.pdf
(4) 2008 Arizona Revised Statutes. Title 41 - State Government. Article 8 Arizona Peace Officer Standards and Training Board. Retrieved December 30, 2008 from http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/41/01822.htm&Title=41&DocType=ARS
For ease of reference, relevant parts of the statute follows:
41-1822. Powers and duties of board; definition
A. With respect to peace officer training and certification, the board shall:
5. Recommend curricula for advanced courses and seminars in law enforcement and intelligence training in universities, colleges and community colleges, in conjunction with the governing body of the educational institution.
(5). Arizona Administrative Code. Title 13. Public Safety. Chapter 4. Arizona Peace Officer Standards and Training Board. Retrieved December 30, 2008 from http://www.azpost.state.az.us/
For ease of reference, relevant parts of the statute follows:
Title13. PUBLIC SAFETY
R13-4-116. Academy Requirements
E. Basic course requirements. The academy administrator shall ensure that the academy uses curricula that meet the requirements of R13-4-114 for the following basic courses of instruction.
1. The 585-hour full-authority peace officer basic training course shall include all of the topics listed in each of the following functional areas:
a. Functional Area I - Introduction to Law Enforcement.
i. Criminal justice systems,
ii. History of law enforcement,
iii. Law enforcement services,
iv. Supervision and management,
v. Ethics and professionalism, and
vi. Stress management.
b. Functional Area II - Law and Legal Matters.
i. Introduction to criminal law;
ii. Laws of arrest;
iii. Search and seizure;
iv. Rules of evidence;
v. Summonses, subpoenas, and warrants;
vi. Civil process;
vii. Administration of criminal justice;
viii. Juvenile law and procedures;
ix. Courtroom demeanor;
x. Constitutional law;
xi. Substantive criminal law, A.R.S. Titles 4, 13, and 36; and
xii. Liability issues.
c. Functional Area III - Patrol Procedures.
i. Patrol and observation (part 1),
ii. Patrol and observation (part 2),
iii. Domestic violence,
iv. Mental illness,
v. Crimes in progress,
vi. Crowd control formations and tactics,
vii. Bomb threats and disaster training,
viii. Intoxication cases,
ix. Communication and police information systems,
x. Hazardous materials,
xi. Bias-motivated crimes,
xii. Fires, and
xiii. Civil Disputes.
d. Functional Area IV - Traffic Control.
i. Impaired driver cases;
ii. Traffic citations;
iii. Traffic collision investigation;
iv. Traffic collision (practical);
v. Traffic direction; and
vi. Substantive Traffic Law, A.R.S. Title 28.
e. Functional Area V - Crime Scene Management.
i. Preliminary investigation and crime scene management,
ii. Crime scene investigation (practical),
iii. Physical evidence procedures,
iv. Interviewing and questioning,
v. Fingerprinting,
vi. Sex crimes investigations,
vii. Death Investigations (including training certified by the Department of Health Services on sudden infant death syndrome),
viii. Organized crime activity,
ix. Investigation of specific crimes, and
x. Narcotics and dangerous drugs.
f. Functional Area VI - Community and Police Relations.
i. Cultural awareness,
ii. Victimology,
iii. Interpersonal communications,
iv. Crime prevention, and
v. Police and the community.
g. Functional Area VII - Records and Reports. Report writing.
h. Functional Area VIII - Police Proficiency Skills.
i. First aid,
ii. Firearms training (including firearms qualification),
iii. Physical conditioning,
iv. High risk stops,
v. Defensive tactics,
vi. Vehicle operations, and
vii. Pursuit operations.
Our Computer Culture
Cyberspace and computers have altered our lives, for better and sometimes for worse. Many people have computers in their homes and offices. School children often have computers in classrooms. Law enforcement officers have computers in the workplace. Police stations have computers for recording incidents and writing reports. Many police cars have computers to aid officers dispatched to calls. Victims and suspects of crimes have computers that are sometimes stolen or sometimes used during cybercrimes.
Cybercrime Explosion
Computers are also quietly used to facilitate sex crimes against minors including luring, enticement and unlawful images depicting exploitation. Most of the crimes against children go unreported because young victims cannot call the police. Part of our growing awareness of the large numbers of Internet crimes comes from thousands of reports of unlawful images through the National Center for Missing and Exploited Childrens' Cybertip line and also from the sad reports of a few victims (1).
Recent undercover investigative efforts to explore cybercrimes against children have resulted in surprising and increasing numbers of incidents in Arizona (2) and worldwide. Internet crimes against children are arguably among the most under-reported and rapidly growing types of crimes. Cybercrimes pose a dangerous threat to young people.
Law Enforcement Training Void
Despite the increases in computer crimes, law enforcement training has not kept pace with the trend. Police training regarding computer crimes is practically nil and not required at the basic academy level. Analogous to the proliferation of automobiles and subsequent development of traffic enforcement a hundred years ago, we now face the proliferation of computers but without the accompanying law enforcement response.
A Congressional report in 2007 said:
Additional resources should be assigned on both the federal and state level to investigate and prosecute these cases. These resources include federal and state law enforcement agents and prosecutors, forensic laboratories and law enforcement and prosecutorial training (3).The slow law enforcement response is exacerbated by a denial and a wishful illusion that the crimes do not exist. Many police officers abhor investigating crimes against children. The emotional toll of acknowledging and investigating sex crimes against children is just too high. A common refrain among otherwise toughened cops is, "I could never work those disgusting kinds of crimes against kids." Changing these beliefs begins with training officers to recognize and investigate the crimes.
Basic Police Training in Arizona
In Arizona, basic police training includes a long list of topics that a fledgling officer must endure (4). State laws and regulations require training consisting of 585 hours of basic police instruction (4). The list includes many important and worthy subjects including firearms, pursuit driving, laws of arrest and defensive tactics.
Noticeably absent from the list of required basic police training topics is any reference to training about Internet crimes against minors. It is now time to formally recognize the growing problem of cybercrimes against children and provide basic training to officers.
Surely the problem of Internet crimes against children is at least equal in importance with traffic enforcement. Traffic law and traffic law enforcement is mentioned many times in the Arizona State requirements for basic police training. Problematic motoring is taught during Functional Area IV - Traffic Control (5). Students must learn about impaired driver cases, traffic citations, traffic collision investigation, traffic collision (practical), traffic direction, and substantive traffic Law. Aren't Internet crimes against children as important as traffic crimes?
Nay-sayers may argue that it is impossible to add more hours to current police academy training. The 585 hour schedule is packed with high-liability topics that each new officer must master. While that may be true, and while it may be difficult to extend the 585 hours to 586 or 587, why not combine or shorten some of the other courses and devote a little less time to them in order to make room for the growing needs of child victims in cyberspace. Could less time be spent on history, summonses, civil process, intoxication, or traffic?
Summary
It is time to act affirmatively to help children in cyberspace by educating the police. In 2008, we are finally passing the cyber-torch to a generation of new police officers who were raised with computers as we simultaneously retire those veterans who once abhorred computers. Arizona law enforcement academies should recognize Internet crimes against children by including training about the crimes within the basic police training curriculum.
Partly because children cannot call 911, Internet crimes against them will be ignored until legislation encourages basic training for law enforcement officers. The encouragement begins with educating officers to properly respond to and investigate the offenses. The suggested law revisions below are an affirmative move towards that goal.
Recommendations
The following three changes to Arizona Revised Statutes Title 41 and Arizona Administrative Code R13-4-103 regarding basic peace officer training would make education about Internet crimes against minors mandatory for new officers.
I. ARS 41-1822 - add paragraph (g)
Revise the Arizona Revised Statute 41-1822 regarding basic police training to include the language below in a new paragraph (g) under subsection 4 and a revised paragraph 5:
4. Prescribe minimum courses of training and minimum standards for training facilities for law enforcement officers. Only this state and political subdivisions of this state may conduct basic peace officer training. Basic peace officer academies may admit individuals who are not peace officer cadets only if a cadet meets the minimum qualifications established by paragraph 3 of this subsection. Training shall include:
(g) INTERNET AND COMPUTER CRIMES AGAINST MINORS
II. ARS 41-1822 - revise paragraph 5
5. Recommend curricula for advanced courses and seminars in law enforcement and intelligence training in universities, colleges and community colleges, in conjunction with the governing body of the educational institution.
SUCH RECOMMENDATIONS WILL INCLUDE CONSIDERATION OF
COURSES AND SEMINARS REGARDING THE INVESTIGATION OF
INTERNET CRIMES AGAINST MINORS.
COURSES AND SEMINARS REGARDING THE INVESTIGATION OF
INTERNET CRIMES AGAINST MINORS.
III. Administrative Regulation R13-4-116 Academy Requirements - add paragraph xi
Revise the Administrative Regulations governing certification of peace officers (R13-4-116). Under functional area V - Crime Scene Management, add the following investigative area to the list of items:
xi. INTERNET AND COMPUTER CRIMES AGAINST MINORS
-----------------------------------------------------------------------------------------
References
(1) Jaffee, M. (October 18, 2007). Emotional testimony from online predator victim. WZZM13.com. Retrieved December 30, 2008 from http://www.wzzm13.com/news/news_article.aspx?storyid=82414
(2) Kardasz, F. (March 25, 2008). Contraband images in Arizona: Cities and Internet service providers, February through March 2008. Retrieved December 30, 2008 from http://kardasz.org/blog/2008/04/contraband_images_in_arizona.html
(3) Committee on Energy and Commerce. (January 2007). Sexual exploitation of children over the Internet. Staff report of the 109th Congress. Retrieved February 11, 2009 from http://republicans.energycommerce.house.gov/108/News/01032007_Report.pdf
(4) 2008 Arizona Revised Statutes. Title 41 - State Government. Article 8 Arizona Peace Officer Standards and Training Board. Retrieved December 30, 2008 from http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/41/01822.htm&Title=41&DocType=ARS
For ease of reference, relevant parts of the statute follows:
41-1822. Powers and duties of board; definition
A. With respect to peace officer training and certification, the board shall:
5. Recommend curricula for advanced courses and seminars in law enforcement and intelligence training in universities, colleges and community colleges, in conjunction with the governing body of the educational institution.
(5). Arizona Administrative Code. Title 13. Public Safety. Chapter 4. Arizona Peace Officer Standards and Training Board. Retrieved December 30, 2008 from http://www.azpost.state.az.us/
For ease of reference, relevant parts of the statute follows:
Title13. PUBLIC SAFETY
R13-4-116. Academy Requirements
E. Basic course requirements. The academy administrator shall ensure that the academy uses curricula that meet the requirements of R13-4-114 for the following basic courses of instruction.
1. The 585-hour full-authority peace officer basic training course shall include all of the topics listed in each of the following functional areas:
a. Functional Area I - Introduction to Law Enforcement.
i. Criminal justice systems,
ii. History of law enforcement,
iii. Law enforcement services,
iv. Supervision and management,
v. Ethics and professionalism, and
vi. Stress management.
b. Functional Area II - Law and Legal Matters.
i. Introduction to criminal law;
ii. Laws of arrest;
iii. Search and seizure;
iv. Rules of evidence;
v. Summonses, subpoenas, and warrants;
vi. Civil process;
vii. Administration of criminal justice;
viii. Juvenile law and procedures;
ix. Courtroom demeanor;
x. Constitutional law;
xi. Substantive criminal law, A.R.S. Titles 4, 13, and 36; and
xii. Liability issues.
c. Functional Area III - Patrol Procedures.
i. Patrol and observation (part 1),
ii. Patrol and observation (part 2),
iii. Domestic violence,
iv. Mental illness,
v. Crimes in progress,
vi. Crowd control formations and tactics,
vii. Bomb threats and disaster training,
viii. Intoxication cases,
ix. Communication and police information systems,
x. Hazardous materials,
xi. Bias-motivated crimes,
xii. Fires, and
xiii. Civil Disputes.
d. Functional Area IV - Traffic Control.
i. Impaired driver cases;
ii. Traffic citations;
iii. Traffic collision investigation;
iv. Traffic collision (practical);
v. Traffic direction; and
vi. Substantive Traffic Law, A.R.S. Title 28.
e. Functional Area V - Crime Scene Management.
i. Preliminary investigation and crime scene management,
ii. Crime scene investigation (practical),
iii. Physical evidence procedures,
iv. Interviewing and questioning,
v. Fingerprinting,
vi. Sex crimes investigations,
vii. Death Investigations (including training certified by the Department of Health Services on sudden infant death syndrome),
viii. Organized crime activity,
ix. Investigation of specific crimes, and
x. Narcotics and dangerous drugs.
f. Functional Area VI - Community and Police Relations.
i. Cultural awareness,
ii. Victimology,
iii. Interpersonal communications,
iv. Crime prevention, and
v. Police and the community.
g. Functional Area VII - Records and Reports. Report writing.
h. Functional Area VIII - Police Proficiency Skills.
i. First aid,
ii. Firearms training (including firearms qualification),
iii. Physical conditioning,
iv. High risk stops,
v. Defensive tactics,
vi. Vehicle operations, and
vii. Pursuit operations.