As law enforcement officers we use the resources we have to ensure the cases we manage and the leads generated are investigated to their fullest. Then, if we develop a suspect, we do everything within the law to ensure we have all the evidence a prosecutor would need.
The problem in today's world is that so many times we are not gathering all the information. Quite simply, we are missing some of the best leads and information that are right under our fingertips—in social media.
Whether this is because we don't understand or are hesitant to jump into a new way of doing things, it's truly holding us up. Some fears are the lack of case law or that "new" ways and "new" information sources might not hold up in court. Such fears are not a justification; we must start paving the way to enhanced investigations using social networks.
Many of our agencies have opened "cybercrimes" units in the past 10 years or so, focusing mostly on those who prey on children using chat rooms/boards to lure their victims. It's been relatively easy to blend into that space and capture predators before they get to their next victim. Even with great success in capturing predators, however, we haven't adopted the newest technologies to investigate all kind of crimes.
Let's take a look at some of the common hurdles and solutions to implementing social investigations.
Hurdle #1: What Platforms?
LEOs may wonder what platforms to use or search when looking into social, and what constitutes the social space. If you have an effective Public Information or External Affairs Officer (PIO/EA), they should be able to help you keep up with the current platforms and modes of searching and listening. They can also assist you in identifying the most likely places your suspect might exist in the social space.
Investigators often don't look to their PIO/EA staff as resources in investigations but that's generally going to be the office that uses and researches social more than any other part of your organization. You can also check out the Pew Research Center's Internet Project for data on networks and who is using them: www.pewinternet.org/2013/12/30/social-media-update-2013.
Hurdle #2: Fake Accounts
People don't always use their real names on social accounts. So how do we find them when they are not using their real name? A couple of key questions to ask: How old is your suspect and how tech-savvy do you think they are? Then, compare that data to the makeup of the largest social networks.
Secondly, consider their hobbies/interests (e.g., sports or music), whether they frequent a specific area of town or, for example, that they're on probation. (For some reason, some of those on probation wear it like a badge of honor on their social networks.) Finally, do you know someone else who is connected with them on social networks so you can identify their friends/followers to find them?
Hurdle #3: How to Search?
Most social networks have a search feature and some have advanced searching. Other networks aren't as easy to search or are just plain impossible as the creator of the network intentionally made it anonymous and encrypted.
Start with the most common networks: Facebook, Twitter, Tumblr, Vine, Instagram and Pinterest. These platforms are searchable and useable on a desktop and not just a mobile device.
There are other platforms for mobile only that are either one-to-one or one-to-many. These include SnapChat, Kik, Secret, Whatsapp and Yik Yak to name just a few.
There are no easy answers to where your suspect might be in the social world; however, some software companies are attempting to build the investigative tools we need. I've examined many of these platforms and although there isn't a perfect tool, the technology companies are getting good. The ones tested range from $150 to $1,500 per month/per license depending on their access to data and how robust their abilities.
If It's Available, Use It
The data we have access to without using the justice system is the same data anyone in the world has access to. It's open and public. This changes however, as the user changes their privacy settings. If an account is set to private we will not have access to view all of their information; this would require a warrant or subpoena. The good news is that while some people have their accounts set to private, the majority of people have at least one of their accounts open for anyone to view, including law enforcement.
The key to social investigations: Whether you're investigating gang activity or just an individual, use the information that exists in the social space.