Technological controls are the ‘perfect tools’ to protect legal rights and interests in the Digital Age

ASSESSMENT QUESTION
“Technological controls are the ‘perfect tools’ to protect legal rights and interests in the
Digital Age.” Discuss in relation to data protection and privacy.

Introduction

In 2005, nearly third of 7,818 businesses in the U.S. detected at least one or more forms of cybercrime activities leading to sustainable losses of more than 10,000 USD[1]. The purpose of criminal justice research is to control and prevent crime. Criminal Justice faculties and students develop and test the strategies to reduce criminal activities, especially through field experiments. Even so, Maxfield and Babbie maintain that good researchers must be able to critique the methods used in criminology research[2]. A study on ‘Technological controls are the perfect tools to protect legal rights and interests in the digital age’ will be contingent on appropriate research philosophy, strategy, and approach. As internet security breaches and privacy issues continue to emerge, it is vital to evaluate the technological controls that may prevent or reduce the costly consequences of such matters. This research assesses the methods that suit a research to validate the hypothesis that ‘technological controls are the perfect tools to protect legal rights and interests in the digital age’.

Exploratory Research

Generally, research studies are established on the existing stock of current knowledge. Exploration research is a study designed for problems that have not been clearly defined. Often, it occurs prior to obtaining sufficient knowledge to make conceptual distinctions or to assert an explanatory relationship[3]. However, problem formulation, objectives of study construction, and hypothesis creation will depend on adequate current knowledge in the field. For instance, substantiating the hypothesis that technological controls are the perfect tools to protect legal rights and interests in the digital age depends on the existing information on and approaches to cyber security. According to Champion, exploratory research assists in establishing the right research design, data collection methods, and subject selection[4]. To achieve these, researchers use three main techniques. First, they rely on secondary research, such as reviewing existing literature and/or data. Second, they depend on qualitative approaches such as surveying experienced individuals in informal discussions with employees, customers, and/or management. Third, they employ insight through case studies, in-depth interviews, or focus groups.

The exploratory research design is constructive and certainly applicable to exploring the hypothesis. A careful literature review assists the investigator in developing precise research problems or the current premise to have a precise meaning[5]. Reviewing hypotheses may assist scholars in defining the models and theories, besides establishing the formulated/tested hypotheses. In addition, it enables the researcher to determine the possibility of a new hypothesis from those concepts and principles. Surveying experienced people, along with unstructured interactions with the participants to obtain insights into the subject matter under investigation and obtain clues to the probable hypotheses. Maxfield and Babbie believe that academics can derive information about the efficacy of the methods and procedures utilized for achieving the specific research objectives[6]. On the other hand, insight-stimulating cases, such as Amazon security breach that saw more than 80,000 credentials leaked[7], are equally important. By selecting instances of the trend under investigation, an investigator will acquire information about striking cases with similar or contrasting elements. Thus, a researcher may apply the three methods but flexibility. That way, they are able to consider various facets of technological controls, and legal rights and interests in the digital age. However, it is imperative to note that unlike descriptive studies, exploratory methods will only lead to insights into the hypotheses rather than test them. Also, there is substantial research on technological controls and legal issues in the digital age. For such reasons, an academic investigating the proposition may disregard this approach or use it as a first test. More so, he or she should conduct a carefully controlled study to test whether the emerging suppositions have general applicability.

Descriptive Approach

Descriptive research studies are concerned with quantitative defining characteristics of a phenomenon. It aims at detailed description or assessment of the various aspects of the phenomenon, a group, or community. Mainly, it is a fact-finding study, and unlike exploratory research, it comes with adequate interpretations of elements and concepts. What is more, it presupposes prior knowledge of the subject matter under investigation. Webb considers descriptive research as a type of a formal research, while the exploratory research is more non-formal[8]. Being a formal research, therefore, descriptive methods require the researcher to comply with particular forms, standards, and peer-critiquing. Additionally, it is calculated to accurately depict the participants by collecting information in three ways. First, it involves observational methods that involve viewing and recording participants. Second, similar to exploratory methods, it entails case studies of the phenomenon. Finally, it encompasses survey methods that comprise administering of questions via interviews or questionnaires, after which the investigator describes the responses given.

Descriptive methods are invaluable and applicable to assessing the hypothesis. Gale, Heath, Cameron, Rashid, and Redwood maintain that descriptive studies can produce rich data, and, as such, lead to important recommendations[9]. In 1992, Galloway based his recommendations for instructing with computer analogies on descriptive data, while Wehrs drew reasonable deductions about using expert systems to backing academic advising[10]. However, individuals who do not understand its role and limitations can easily misuse it. Thus, when applying this method in the hypothesis that technological controls are the perfect tools to protect legal rights and interests in the digital age, the researcher must clearly define the elements he or she wants to assess and use the suitable methods for measuring. More so, he or she must specify the subject by including his or her population (individuals or companies) of study, and the methods he or she will use to gather evidence. That is, as, in exploratory methods, the researcher clearly formulates the ‘what’ and ‘who’ to be measured, along with the techniques for reliable and valid assessment[11]. It is imperative to state that researchers can singly use or combine the data collection methods. Ellis, Hartley, and Walsh advice on the use of a quasi-experimental research design, which will further facilitate the testing of suggested technological controls[12]. Considering substantial information exists on the phenomenon, which exploratory approach seeks to identify, a descriptive researcher can better answer the who, where, what, when, and how about the topic. Thus, a descriptive approach will be better suited for the research.

Ontology

Ontology is a research philosophy that deals with the nature of reality. It is the study or science of being[13]. This system of belief reflects what an individual interprets about the constituents of a fact[14]. That is, the belief system is related to a central interrogation of the need to perceive social entities either objectively or subjectively. As such, objectivism and subjectivism are defined as two vital components of ontology. In the former aspect, otherwise referred to as positivism, researchers consider social entities to exist in reality peripheral to social actors associated with their existence. More so, that ontological position asserts that social phenomena, along with their meanings exist depending on social actors. On the other hand, the latter aspect, otherwise known as interpretivism, perceives that social phenomena develop from the perceptions and consequent actions of social actors affected by the phenomena’s existence.

While this approach can be applied to investigate the hypothesis that ‘technological controls are the perfect tools to protect legal rights and interests in the digital age’, it might not be fully effective. In information and computer sciences, ontology entails formal naming and description of the types, traits, and relationship between entities that actually exist for a specific domain of discourse[15]. Through this belief system, the research will leverage formal naming of the forms, characteristics, and interrelationships of various and possible technological controls, cybercriminals, and their victims. Accordingly, the researcher will compartmentalize the variables he or she requires for a set of computations and establish the relationship between them. As it is analytical in nature, ontological arguments can be used to make deductive conclusions based on the content within its premises[16]. However, since it does not necessitate empirical evidence to support the arguments, the researcher can be biased in his or her arguments and inferences.

Epistemology

Unlike ontology, which is concerned about existing factors, epistemology is concerned about what a researcher knows and how they know about it. Accordingly, Pickering defines the philosophy as the relationship between the scholar (perceptions and ideas) and the reality (or how that reality is obtained or known)[17]. In that respect, epistemology deals with the knowledge sources. Specifically, it assesses the possibilities, form, sources, and demerits of knowledge within a field of study. Thus, it can be acknowledged as measures through which a researcher categorizes what does and does not comprise the knowledge.

When responding to the proposed hypothesis, the researcher can take advantage of different knowledge sources[18]. Intuitive knowledge can be obtained through beliefs, faith, and human feelings. Authoritarian knowledge, such as research papers, books, expert analyses, and so on, can be used to decipher the hypothesis. Logical knowledge can be obtained by applying logical reasoning. Empirical knowledge can be derived from objective facts. The researcher can integrate these sources in the study. For instance, he or she can use intuitive knowledge to identify the legal rights and interest issues in the digital age and gain authoritative knowledge through the literature review process. More so, the researcher can generate the logical knowledge by analyzing primary data results and develop empirical knowledge through his or her deductions.

Case Studies

Generally, case studies are in-depth qualitative studies of one or various illustrative cases. Different criminology studies use this approach, and some have produced vital, baseline information in the field of study. Iacono, Brown, and Holtham demonstrated ‘the use of the case study method to test hypotheses and build theory while investigating the phenomenon of steel emarketplaces’[19]. While no single format for an effective case study exists, it contains three segments[20]. First, the investigator identifies the problem. Second, they outline the various solutions available. Third, they present proven results showcasing the final proposals as the optimal solution for the subject matter. In essence, this method allows the researcher to analyse their target prospects and identify what is in for him or her.

Case studies may assist in reaching a conclusion regarding the proposed hypothesis that technological controls are the perfect tools to protect legal rights and interests in the digital age. Complementing the descriptive approach, case studies center on problems and solutions. For instance, based on the hypothesis, case studies may dive into the following statement: ‘three out of four consumers duplicate their passwords, increasing the chances of security incidents by 40 percent’[21]. In addition, case studies will provide social proof in the current age of where research consumers highly trust factual patterns. However, Gueye, Newby, Tulloch, Slutsker, Tanner, and Gosling identified two main problems with this method – expectancy effects and atypical individuals[22]. In the former challenge, the experimenter may have underlying biases that might disturb the actions taken during data collection. That bias can lead to misinterpretation of descriptions presented in the cases. In the latter, the investigator may overgeneralize data and detract from external validity. When applying this approach, the researcher will be involved in an in-depth study of individuals and institutions with security breach problems and concerns. He or she will be able to test the hypothesis but with challenges making accurate predictions.

Conclusion

Overall, the hypothesis that ‘Technological controls are the perfect tools to protect legal rights and interests in the digital age’ can be validated by using descriptive methods. An exploratory approach enables the researcher to develop insights into the hypothesis. The descriptive approach, on the other hand, not only develops insights but also tests the hypothesis. Unlike ontology, which is concerned about existing factors, thereby increasing the chances of the researcher to be biased in his or her arguments and inferences, epistemology is concerned about what a researcher knows and how they know about it. In data collection, case studies showcase proved results, allowing the researcher to identify available controls and their operation. However, surveys not only allow the researcher to interact with the affected audience but also enable him or her to derive first-hand information about the issues and measures in the digital age. Thus, substantiating the hypothesis relies on an integrative and categorical approach to ensure reliable, valid, and conclusive results and interpretation of those findings.

References

Bureau of Justice Statistics, ‘Cybercrime’ (Office of Justice Programs 12 February 2016)

<http://www.bjs.gov/index.cfm?ty=tp&tid=41 > accessed 21 October 2016

Champion Dean J., Research Methods for Criminal Justice and Criminology (3rd edn,

Pearson/Prentice Hall 2006)

Ellis Lee, Richard D. Hartley, and Anthony Walsh, Research Methods in Criminal Justice and

Criminology: An Interdisciplinary Approach (Rowman & Littlefield Publishers 2010)

Gale Nicola K., Gemma Heath, Elaine Cameron, Sabina Rashid, and Sabi Redwood, (NCBI, 18

September 2013) < https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3848812/> accessed 25 October 2016

Galindo Fernando, Makoto Takizawa, and Roland Traunmüller. Database and Expert Systems

Applications: 15th International Conference, DEXA 2004, Zaragoza, Spain, August 30-

September 3, 2004 : Proceedings. (Springer 2004)

Gosselin Mi, Nominalism and Contemporary Nominalism: Ontological and Epistemological

Implications of the Work of W.V.O. Quine and of N. Goodman (Springer Netherlands 1990)

Grajales C. A. G., ‘How-hackers-are-making-use-of-statistics-to-steal-your-password’ (Statistics

View 22 March 2016) <http://www.statisticsviews.com/details/feature/9102661/How-hackers-are-making-use-of-statistics-to-steal-your-password.html > accessed 21 October 2016

Gueye Cara Smith, Gretchen Newby, Jim Tulloch, Laurence Slutsker, Marcel Tanner, and Roland D. Gosling, “The central role of national programme management for the achievement of

malaria elimination: A cross case-study analysis of nine malaria programmes” Malaria Journal Volume 15 2016 < https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5034437/> accessed 25 October 2016

Hagan Frank E., Research Methods in Criminal Justice and Criminology (7th edn, Allyn and

Bacon 2006)

Iacono Jessica Claudia, Ann Brown and Clive Holtham, “The use of the Case Study Method in

Theory Testing: The Example of Steel eMarketplaces” The Electronic Journal of Business Research Methods Volume 9 Issue 1 2011 (pp 57-65)

John R. Webb, Understanding and Designing Market Research (Thomson Learning, 2002) 20

Michael G. Maxfield, and Earl R. Babbie, Research Methods for Criminal Justice and

Criminology (7th edn, Cengage Learning 2015)

Moser Paul K., The Oxford Handbook of Epistemology (Oxford Univ. Press 2002)

Pickering W. S. F., Emile Durkheim: Critical Assessment of Leading Sociologists (3rd Series,

Routledge/ Taylor and Francis Group)

USCLibraries, Organizing Your Social Sciences Research Paper: 5. The Literature Review

(USCLibraries 26 October 2016) <http://libguides.usc.edu/writingguide/literaturereview> accessed 26 October 2016

Uzonovic Agan, ‘Amazon Suffers Security Breach; 80,000 Login Credentials Leaked (Updated)’

(Hackread, 10 July 2016) <https://www.hackread.com/amazon-suffers-security-breach/> accessed 21 October 2016

Wilcockson Michael, A Student’s Guide to AS Religious Studies for the OCR Specification

(Rhinegold Publishing Limited 2004)

  1. Bureau of Justice Statistics, ‘Cybercrime’ (Office of Justice Programs 12 February 2016) <http://www.bjs.gov/index.cfm?ty=tp&tid=41 > accessed 21 October 2016
  2. Michael G. Maxfield, and Earl R. Babbie, Research Methods for Criminal Justice and Criminology (7th edn, Cengage Learning 2015) 12
  3. Frank E. Hagan, Research Methods in Criminal Justice and Criminology (7th edn, Allyn and Bacon 2006) 132
  4. Dean J. Champion, Research Methods for Criminal Justice and Criminology (3rd edn, Pearson/Prentice Hall 2006) 362
  5. USCLibraries, Organizing Your Social Sciences Research Paper: 5. The Literature Review (USCLibraries 26 October 2016) <http://libguides.usc.edu/writingguide/literaturereview> accessed 26 October 2016
  6. Michael G. Maxfield, and Earl R. Babbie, Research Methods for Criminal Justice and Criminology (3rd edn, Cengage Learning 2012) 65
  7. Agan Uzonovic, ‘Amazon Suffers Security Breach; 80,000 Login Credentials Leaked (Updated)’ (Hackread, 10 July 2016) <https://www.hackread.com/amazon-suffers-security-breach/> accessed 21 October 2016
  8. John R. Webb, Understanding and Designing Market Research (Thomson Learning, 2002) 20
  9. Nicola K. Gale, Gemma Heath, Elaine Cameron, Sabina Rashid, and Sabi Redwood, (NCBI, 18 September 2013) < https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3848812/> accessed 25 October 2016
  10. Michael G. Maxfield, and Earl R. Babbie, Research Methods for Criminal Justice and Criminology (7th edn, Cengage Learning 2015) 321
  11. Frank E. Hagan, Research Methods in Criminal Justice and Criminology (7th edn, Allyn and Bacon 2006) 213
  12. Lee Ellis, Richard D. Hartley, and Anthony Walsh, Research Methods in Criminal Justice and Criminology: An Interdisciplinary Approach (Rowman & Littlefield Publishers 2010) 430
  13. Michael Wilcockson, A Student’s Guide to AS Religious Studies for the OCR Specification (Rhinegold Publishing Limited 2004) 63
  14. Mi Gosselin, Nominalism and Contemporary Nominalism: Ontological and Epistemological Implications of the Work of W.V.O. Quine and of N. Goodman (Springer Netherlands 1990) 95
  15. Fernando Galindo, Makoto Takizawa, and Roland Traunmüller. Database and Expert Systems Applications: 15th International Conference, DEXA 2004, Zaragoza, Spain, August 30-September 3, 2004 : Proceedings. (Springer 2004) 667
  16. Michael Wilcockson, A Student’s Guide to AS Religious Studies for the OCR Specification (Rhinegold Publishing Limited 2004) 63
  17. W. S. F. Pickering, Emile Durkheim: Critical Assessment of Leading Sociologists (3rd Series, Routledge/ Taylor and Francis Group) 401
  18. Paul K. Moser, The Oxford Handbook of Epistemology (Oxford Univ. Press 2002) 71
  19. Jessica Claudia Iacono, Ann Brown and Clive Holtham, “The use of the Case Study Method in Theory Testing: The Example of Steel eMarketplaces” The Electronic Journal of Business Research Methods Volume 9 Issue 1 2011 (pp 57-65), 57
  20. Ibid, 57, 58, 59
  21. C. A. G. Grajales, ‘How-hackers-are-making-use-of-statistics-to-steal-your-password’ (Statistics View 22 March 2016) <http://www.statisticsviews.com/details/feature/9102661/How-hackers-are-making-use-of-statistics-to-steal-your-password.html > accessed 21 October 2016
  22. Cara Smith Gueye, Gretchen Newby, Jim Tulloch, Laurence Slutsker, Marcel Tanner, and Roland D. Gosling, “The central role of national programme management for the achievement of malaria elimination: A cross case-study analysis of nine malaria programmes” Malaria Journal Volume 15 2016 < https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5034437/> accessed 25 October 2016

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