No matter how large or small an investigation, digital evidence is often the cornerstone of modern-day intel, whether it’s a criminal case, defense or intelligence matter. Nearly every person carries with them a cellphone, and that digital witness is a treasure trove of data. A person’s online behavior — where they go, who they interact with and what they’re searching for — is critical to public safety agencies working to protect our borders. This data, lawfully accessed and analyzed during an investigation or mission, can help make life-saving connections in large-scale investigations such as narcotics or human trafficking networks. Yet it is a lot of data and sifting through all of it requires a modernized workflow. Enter artificial intelligence — always in lock step with human oversight.
Each year, Cellebrite releases its Industry Trends Report, and an unsurprising 97% of respondents across multiple federal agencies cite smartphones as a key digital evidence source. Advanced investigative capabilities are badly needed, and federal agencies are increasingly strapped for time and resources. More than a third of investigators said they don’t have enough time to review all relevant data in investigations.
Cellebrite’s survey also shows a majority of investigators agree that digital evidence increases the ability to solve a case and shortens investigations, ultimately freeing up valuable time and resources for federal investigators. This is where AI can help address common investigative challenges and accelerate case closure.
Digital intelligence analysis challenges
Investigative speed is paramount for federal agencies to avoid backlogs. The multitude of devices with which suspects and victims regularly interact — an average case now involves two-to-five associated devices — means identifying and accessing relevant data takes time and can be a challenge to an efficient investigation.
Beyond the initial struggle to access data from multiple devices, federal investigators have to quickly identify actionable intelligence to advance an investigation. Where state and local agencies may rely on a collaborative network to help expedite data collection and analysis, even sometimes with regional federal agencies, on the whole, federal agencies are typically spread across a broader geographic area and do not have a platform to share evidence across regions or teams, which can slow down investigations.
Investigations must have clear chains of custody to ensure the findings are admissible in court. Only then can examination techniques and evidence insights be appropriately presented to prosecutors, judges and juries in a way that is both understandable and compliant with federal law. An investigation without proper due diligence and successful communication will only result in an inability to deliver justice for victims.
How AI can help
AI-powered investigative solutions can quickly sort through large quantities of data and automate repetitive tasks for investigators, allowing them to turn their attention to larger issues and top-level, nuanced decisions. In human trafficking investigations, I’ve seen first-hand these solutions identify criminal connections and accomplices which has resulted in the rescue of human trafficking victims. This digital evidence often leads to additional crimes and reveals links to other open cases — saving time and resources otherwise spent manually cross-referencing databases and suspect histories. All of this is done with human verification, and it speeds up the investigative timeline without sacrificing due diligence.
AI can also support sophisticated decision-making by interpreting, analyzing and summarizing critical information from exponentially growing data in real-time. This analysis points teams in the right direction, so they can find the proverbial needle in the haystack and make more informed decisions during their investigations. AI can help draw meaningful connections and even identify gaps in the evidence.
In addition to its productivity advances, AI has also been used to protect federal law enforcement examiners. Digital evidence can be traumatizing, especially when teams are reviewing human trafficking content or child sexual abuse material (CSAM). AI can categorize these kinds of files, and many teams are using it to reduce examiner exposure to distressing photos, videos, messages or other disturbing digital evidence assets. According to research from the Justice Department, nearly 20% of investigators struggle with burnout, and protecting an agent or officer’s wellbeing can help to expand a team’s capacity as they continue working with growing case volumes.
Best practices for applying AI to digital investigations
Make smart AI investments: Federal budgets are tightening, and agencies should invest in technology that can automate the most tedious –– but mission-critical –– tasks, such as image categorization. Agency leaders should prioritize AI solutions that provide actionable insights to accelerate investigations.
Create an ethical AI policy: Evidence defensibility should always be front-and-center, meaning responsible and transparent AI use is key. Particularly with a lack of official federal policy, agency leaders must determine which use cases of AI are appropriate and clearly communicate these expectations. Data privacy and a sound chain of custody should never be compromised.
Train law enforcement personnel: Once an ethical AI policy is established and tools are implemented, training on appropriate and effective use of these solutions is key. Ongoing conferences, seminars, digital forensics courses and simulated opportunities help staff keep pace with advancements in AI. AI-enabled insights gathered by under-skilled or untrained personnel can face admissibility challenges in court.
Ensure human oversight and analysis: Human expertise can never be replaced, no matter the AI’s sophistication. Technology-enabled findings must always be verified prior to use. For example, AI can flag unusual patterns in data yet cannot determine intent or identify if the activity is related to criminal behavior.
As the dependency on personal electronic devices grows, technology’s role in criminal cases, intelligence and defense missions will increase. Federal agencies have no choice but to embrace AI into their investigative processes and do so responsibly by investing in solutions that observe ethical guidelines, prioritizing ongoing training and human validation. These best practices will help federal law enforcement more swiftly and effectively protect our nation’s interests.
Matt Parker is head of global advocacy at Cellebrite.
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