Papers by Lindsay Freeman
and B.A. in Political Science (Middlebury College); World Economic Forum Global Future Council on... more and B.A. in Political Science (Middlebury College); World Economic Forum Global Future Council on Human Rights and Technology fellow and member of the Technology Advisory Board for the Office of the Prosecutor of the International Criminal Court. The views expressed in this article are those of the author and do not reflect the views of any organization. The author thanks Dr. Joseph Powderly and Dr. Alexa Koenig for their guidance, mentorship, and invaluable feedback and the NYU JILP team for their editorial support. \\jciprod01\productn\N\NYI\51-3\NYI303.txt unknown Seq: 2 23-MAY-19 9:16
Georgetown Journal of International Affairs, Mar 1, 2022
Fordham International Law Journal, 2018
for their invaluable feedback. 2018] DIGITAL EVIDENCE AND WAR CRIMES 285 1. The Rome Statute is t... more for their invaluable feedback. 2018] DIGITAL EVIDENCE AND WAR CRIMES 285 1. The Rome Statute is the treaty that established the International Criminal Court. It was adopted in 1998 and entered into force in 2002. Article 5 of the Statute lists the crimes within the jurisdiction of the Court, which includes the crime of genocide, crimes against humanity, and war crimes.
Journal of International Criminal Justice, Mar 1, 2021
Just as the internal combustion engine revolutionized warfare in the early twentieth century, art... more Just as the internal combustion engine revolutionized warfare in the early twentieth century, artificial intelligence is shaping warfare in the Digital Age. Fuelled by data rather than gasoline, artificial intelligence (AI) derivative technologies are driven by innovation in both the military and civilian sectors. Today’s defence scientists and engineers, like their predecessors, develop physical equipment and weapons, but instead of simply making them more powerful and lethal, they are also making them more intelligent and connected. As AI is increasingly integrated into military tools, the digital footprints of modern battlefields will grow exponentially, generating new sources and types of data that will fundamentally alter war crimes investigations. This article examines emerging military applications of AI in order to identify what opportunities and challenges these tools might offer international criminal investigators. Will more sensors and smart devices on the battlefield benefit or burden the investigation of war crimes? Moreover, will intelligent machines add to the fog of war or help us see through it?
2023 15th International Conference on Cyber Conflict: Meeting Reality (CyCon)
Digital open source investigations—the use of publicly available information on the internet for ... more Digital open source investigations—the use of publicly available information on the internet for intelligence, leads, or evidence—are becoming an increasingly critical part of international criminal investigations. While the definition of open source information is simple, there are several categories of information that fall into a gray area between private and public—in particular, the growing amount of illegally hacked and leaked information on the web. Online leaks, whether the result of hacking or whistleblowing, fit the definition of open source information. Yet, there is something inherently different about information in the public domain that was not intended to be public. The dissemination of incriminating information unlawfully obtained by a third party creates a complex situation in which, on one hand, the illegal method of acquisition should not be rewarded, while at the same time, the illegal acts that are exposed in the documents should not go ...
Georgetown Journal of International Affairs
The increased use of digital technologies in daily life has led to a steep rise in the introducti... more The increased use of digital technologies in daily life has led to a steep rise in the introduction of highly technical evidence and expert witness testimony in criminal and civil litigation. The growing use of novel, quickly-developing investigation methods for digital evidence presents several challenges related to the difficulty lay persons have in judging complex forensic methodologies. The lack of judicial and legal training in the underlying methods and their potential vulnerabilities can result in fact-finders who over-rely on experts’ conclusions without properly interrogating the evidence themselves.
While many of the scientific and analytical methods employed by digital investigators can be promising additions to investigative toolkits, enthusiasm for these techniques should be tempered with healthy skepticism—and knowledge of the most helpful questions to ask about new investigative processes. In this Article, we identify the very real vulnerabilities in digital open source investigations and encourage careful analysis of each component in order to mitigate the risks. We recommend that investigators preserve digital material according to established forensic standards and carefully record the steps of their online investigation and analysis. Expert witnesses should be strictly prohibited from giving opinions on matters that stretch beyond the scope of their education, training, and well-established expertise. Lawyers and judges must be prepared to ascertain the reliability and validity of digital open source investigations and their findings through thorough interrogation of the underlying data. As a best practice, digital evidence should be triangulated with physical, testimonial, or other documentary evidence whenever possible. If conducted carefully and professionally, digital open source investigations can offer tremendous value for both civil and criminal proceedings.
Fordham International Law Journal, 2018
As technology develops, new tools are continually being introduced that alter the nature and avai... more As technology develops, new tools are continually being introduced that alter the nature and availability of courtroom evidence. The proliferation, connectivity, and capabilities of camera- embedded and internet-enabled mobile devices, which record far more information about people’s activities and communications than ever before, are transforming the way criminal investigators and prosecutors collect, evaluate, and present evidence at trial. This is particularly true in international criminal trials, where prosecutors must present a voluminous and varied body of evidence to prove multiple charges related to complex conflicts. It is the prosecutor’s job to present evidence in a way that assists the fact-finder in evaluating its significance and understanding how it fits into the greater narrative.
In cases involving war crimes, crimes against humanity, and genocide, a large quantity and diversity of evidence is necessary to explain the context of the conflict and to prove the requisite elements of crimes and modes of liability. By examining the evidence and presentation techniques used in recent cases before international criminal courts, this article illustrates how war crimes prosecutions are evolving to meet the challenges and advantages of modern times. Part II explains the applicable law and describes how the use of emerging types of evidence in international criminal cases has expanded and been refined over the years. Part III analyzes three exceptional, yet emblematic cases from 2016, which call attention to an important trend that is predictive of the future use of digital evidence in war crimes prosecutions. Part IV discusses cases on the horizon and what these technological developments mean for members of the international justice community.
Journal of International Criminal Justice, 2021
The constituent documents of the International Criminal Court (ICC) were formulated in the 1990s,... more The constituent documents of the International Criminal Court (ICC) were formulated in the 1990s, at a time when the internet was still relatively new to most of society. In the four years between the signing of the Rome Statute in 1998 and its entry into force in 2002, there was a surge in technological development. The replacement of dial-up connections by home broadband and wireless internet, the commercial launch of 3G, and the introduction of camera phones all took place during that period, followed only a few years later by the founding of Google, YouTube and Facebook. This trend has only continued. Advanced technologies have changed the way in which societies create information and share it, generating an ever-growing volume of data. The availability and accessibility to new sources of information open up opportunities for international criminal investigators, but the task of using them effectively is not without its challenges. Recent cases before the ICC indicate that digit...
Journal of International Criminal Justice, 2021
Just as the internal combustion engine revolutionized warfare in the early twentieth century, art... more Just as the internal combustion engine revolutionized warfare in the early twentieth century, artificial intelligence is shaping warfare in the Digital Age. Fuelled by data rather than gasoline, artificial intelligence (AI) derivative technologies are driven by innovation in both the military and civilian sectors. Today’s defence scientists and engineers, like their predecessors, develop physical equipment and weapons, but instead of simply making them more powerful and lethal, they are also making them more intelligent and connected. As AI is increasingly integrated into military tools, the digital footprints of modern battlefields will grow exponentially, generating new sources and types of data that will fundamentally alter war crimes investigations. This article examines emerging military applications of AI in order to identify what opportunities and challenges these tools might offer international criminal investigators. Will more sensors and smart devices on the battlefield be...
and B.A. in Political Science (Middlebury College); World Economic Forum Global Future Council on... more and B.A. in Political Science (Middlebury College); World Economic Forum Global Future Council on Human Rights and Technology fellow and member of the Technology Advisory Board for the Office of the Prosecutor of the International Criminal Court. The views expressed in this article are those of the author and do not reflect the views of any organization. The author thanks Dr. Joseph Powderly and Dr. Alexa Koenig for their guidance, mentorship, and invaluable feedback and the NYU JILP team for their editorial support. \\jciprod01\productn\N\NYI\51-3\NYI303.txt unknown Seq: 2 23-MAY-19 9:16
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Papers by Lindsay Freeman
While many of the scientific and analytical methods employed by digital investigators can be promising additions to investigative toolkits, enthusiasm for these techniques should be tempered with healthy skepticism—and knowledge of the most helpful questions to ask about new investigative processes. In this Article, we identify the very real vulnerabilities in digital open source investigations and encourage careful analysis of each component in order to mitigate the risks. We recommend that investigators preserve digital material according to established forensic standards and carefully record the steps of their online investigation and analysis. Expert witnesses should be strictly prohibited from giving opinions on matters that stretch beyond the scope of their education, training, and well-established expertise. Lawyers and judges must be prepared to ascertain the reliability and validity of digital open source investigations and their findings through thorough interrogation of the underlying data. As a best practice, digital evidence should be triangulated with physical, testimonial, or other documentary evidence whenever possible. If conducted carefully and professionally, digital open source investigations can offer tremendous value for both civil and criminal proceedings.
In cases involving war crimes, crimes against humanity, and genocide, a large quantity and diversity of evidence is necessary to explain the context of the conflict and to prove the requisite elements of crimes and modes of liability. By examining the evidence and presentation techniques used in recent cases before international criminal courts, this article illustrates how war crimes prosecutions are evolving to meet the challenges and advantages of modern times. Part II explains the applicable law and describes how the use of emerging types of evidence in international criminal cases has expanded and been refined over the years. Part III analyzes three exceptional, yet emblematic cases from 2016, which call attention to an important trend that is predictive of the future use of digital evidence in war crimes prosecutions. Part IV discusses cases on the horizon and what these technological developments mean for members of the international justice community.
While many of the scientific and analytical methods employed by digital investigators can be promising additions to investigative toolkits, enthusiasm for these techniques should be tempered with healthy skepticism—and knowledge of the most helpful questions to ask about new investigative processes. In this Article, we identify the very real vulnerabilities in digital open source investigations and encourage careful analysis of each component in order to mitigate the risks. We recommend that investigators preserve digital material according to established forensic standards and carefully record the steps of their online investigation and analysis. Expert witnesses should be strictly prohibited from giving opinions on matters that stretch beyond the scope of their education, training, and well-established expertise. Lawyers and judges must be prepared to ascertain the reliability and validity of digital open source investigations and their findings through thorough interrogation of the underlying data. As a best practice, digital evidence should be triangulated with physical, testimonial, or other documentary evidence whenever possible. If conducted carefully and professionally, digital open source investigations can offer tremendous value for both civil and criminal proceedings.
In cases involving war crimes, crimes against humanity, and genocide, a large quantity and diversity of evidence is necessary to explain the context of the conflict and to prove the requisite elements of crimes and modes of liability. By examining the evidence and presentation techniques used in recent cases before international criminal courts, this article illustrates how war crimes prosecutions are evolving to meet the challenges and advantages of modern times. Part II explains the applicable law and describes how the use of emerging types of evidence in international criminal cases has expanded and been refined over the years. Part III analyzes three exceptional, yet emblematic cases from 2016, which call attention to an important trend that is predictive of the future use of digital evidence in war crimes prosecutions. Part IV discusses cases on the horizon and what these technological developments mean for members of the international justice community.