Abstract
The rise of cybercrime necessitates the evolution of law enforcement tactics, leading to the emergence of digital arrests. Defined as arrests based on digital evidence or involving cybercrimes, often employing AI, machine learning, and big data analytics, digital arrests enhance efficiency but present significant legal and ethical challenges, particularly regarding due process, privacy rights, algorithmic biases, transparency, and the potential for wrongful accusations. This research aims to assess the current legal situation, identify deficiencies, and propose reforms to balance technological efficiency and fundamental rights.
By using doctrinal research methodology, the study critically analyses legal principles, statutes, judicial rulings, and international frameworks related to AI-driven digital arrests. It includes a comparative analysis of legal approaches in India, the EU, and the USA, supported by scholarly publications, human rights reports, policy documents, and real-world examples.
In India, digital policing is increasingly used to combat cybercrime. The legal framework is evolving with new laws like the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and Bharatiya Nyaya Sanhita, 2023 (BNS), which integrate AI-based policing and digital evidence recognition. Legal authority for digital surveillance exists under Section 69 of the IT Act, 2000, and digital evidence is recognized under the Bharatiya Sakshya Adhiniyam, 2023 (BSA). However, concerns persist regarding the impact on fundamental rights, specifically Article 21 (Right to Life and Personal Liberty) and Article 19 (Freedom of Speech and Expression), highlighted by issues with laws like the Digital Personal Data Protection Act (DPDPA).
In the United States, the legal framework for digital arrests centre on the Fourth Amendment, which protects against unreasonable searches and seizures and requires probable cause and judicial oversight for warrants? Statutes like the Stored Communications Act (SCA) and the Electronic Communications Privacy Act (ECPA) govern access to digital data. Landmark Supreme Court cases, including Riley v. California (2014) and Carpenter v. United States (2018), have significantly extended Fourth Amendment privacy protections to digital devices and location data, mandating warrants for access. The CLOUD Act (2018) addresses cross-border data access but has raised international tensions regarding sovereignty and privacy. Encryption presents a major challenge for law enforcement, exemplified by the Apple v. FBI (2016) case and ongoing debates on "backdoors".
The European Union's approach is strongly rooted in data protection and privacy rights, primarily governed by the General Data Protection Regulation (GDPR) (2018) and Directive 2016/680 (Law Enforcement Directive). These frameworks impose strict rules on accessing personal data for law enforcement purposes, requiring judicial oversight, necessity, and proportionality
Introduction
India has seen a sudden increase in internet use and digital services, leading to a spike in digital crimes. Recently, Prime Minister Narendra Modi addressed the country in his 'Mann Ki Baat' and expressed worry against the deception of 'digital arrest.' He presented an audio-visual film depicting a guy in a police outfit soliciting the victim's Aadhaar number to prevent the blocking of his cell phone. Digital arrests often restrict an individual's access to digital assets and constrain physical mobility via video conversations the rise of cybercrime has forced law enforcement tactics to evolve significantly, especially in the field of digital arrests. Digital arrests—arrests of individuals in the United States and the European Union and India based on the use of digital evidence or involving cybercrimes—have changed the face of criminal justice. This chapter examines the relevant legal frameworks, regulations, and provisions around digital arrests in these two jurisdictions, comparing the two approaches with the help of recent case laws and their impact on the protection of fundamental rights.
Research Problem
The rise of cybercrime has led to increased reliance on digital policing and automated enforcement mechanisms, resulting in the emergence of digital arrests—where law enforcement agencies use AI, machine learning, and big data analytics to identify, track, and apprehend suspects in cyber-related offenses. While digital arrests enhance efficiency in tackling cybercrime, they present significant legal and ethical challenges, particularly regarding due process, privacy rights, and the potential for wrongful accusations due to algorithmic biases.
Young people, who make up a large share of the digital population, could be particularly susceptible to this kind of machine policing. A lot of us don’t know about cyber laws and we can easily commit offences. Furthermore, AI-based systems are typically operated with little to no human supervision, which raises issues of responsibility, transparency, and impartiality. Without robust legal protections of electronic arrest, authenticity and admissibility of AI-based evidence during trials could be called into question. This paper intends to raise attention on the legal, ethical and social implications of digital arrests specifically on young adults in the realm of cybercrime. Its objective is to assess the current legal situation, to elaborate existing deficiencies, and to suggest reforms that reflect an adequate balance between technological efficiency and fundamental rights. And also I want to gained deept knowledge for Indian prospective and for European prospective and USA prospective.
Hypothesis
- AI-driven digital arrests raise significant constitutional and human rights concerns, particularly regarding privacy and due process.
- The current legal framework is inadequate to regulate digital arrests, necessitating clear laws and judicial oversight.
- Ethical risks, including lack of transparency and human oversight, make AI-based digital arrests prone to misuse and discrimination.
RESEARCH METHODOLOGY
Using doctrinal research methodology this study performs a critical analysis of legal principles and selected provisions and established precedents from statutes and judicial rulings as well as international legal frameworks which pertain to AI-driven digital arrests. A thorough legal evaluation consists of constitutional privacy and due process and fair trial examinations together with AI legislation and cyber security and evidence admission statutes. The research compares domestic and international legal documents starting with the IT Act from 2000 along with the Bharatiya Nyaya Sanhita and Supreme Court decisions and global AI control systems. The research will conduct a comparative analysis of legal approaches toward AI law enforcement interactions specifically in jurisdictions that implement structured AI governance systems. The analysis will be supported by research from scholarly publications and human rights reports and policy documents to issues an policy deficiencies .The analysis present numerical evidence regarding digital arrests facilitated by AI systems through real-world examples of young people who experienced AI-aided cybercrime apprehension. The study seeks to develop recommendations which will establish equilibrium between system-powered efficiency in law enforcement combined with legal protections to maintain justice along with fairness and accountability in digital arrests.
DIGITAL ARRESTS IN INDIA
Digital arrests are becoming common in modern India and they are emerging as one of the stepping stones of police forces to encounter the rising number of cyber crimes. Significant events The year2023 will go down in history as a pivotal chapter in the Nigerian data protection landscape due to the passage of the Digital Personal Data Protection Act (DPDPA).The DPDPA was intended to protect personal data but it has been criticized for giving wide ranging exemptions to government department to process personal data without the express consent of the data subject in some cases. That has raised questions of potential overreach and the violation of privacy rights. The advent of AI-based surveillance systems being deployed by police departments has only further muddied the waters. These developments include the rolling out of facial recognition at railway stations and other public places which, while making policing much more effective, has opened a debate about civil liberties and the risk of mass surveillance. Critics say failure to have a legal framework regulating the use of AI for surveillance creates dangers of misuse and abuse. Further, the emergence of advanced cybercrimes (like phishing and identity theft has led regulatory authorities, such as the Reserve Bank of India(RBI), to issue guidelines with a view to promoting cyber security. For example, introduction of bank-specific and bank and non-bank entity-specific domain names by the RBI to prevent digital fraud is one such step taken by policy makers in the right direction. Yet problems remain ,especially balancing national security with individual privacy needs. The present context emphasizes the importance of a balanced approach, drawn from strong legal safeguards, technological safeguards, and ethical principals in order to properly deal with the complexities of digital arrests in India.
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