Research project The state's monopoly of force is a central part of the theoretical understanding of the state and the role of the police. This project studies how and to what extent the state's monopoly on force can be translated into the digital context, and how the legal limits set by fundamental rights and rule of law principles affect these conditions. The intention is to develop theory and analytical tools to understand emerging legislative measures in this area, such as police hacking.
In this project, we aim to investigate whether the Weberian model of the monopoly of force is fit for the digital domain, considering the differences in the modalities and consequences of using digital force, as well as the legitimizing boundaries of human rights norms and the rule of law. This will add critical knowledge about the legitimacy of state interventions in the digital domain, the logic underpinning them, and allow for an analysis and theoretical understanding of how and where the monopoly of force can, and should, be maintained in relation to police action in the digital domain.
The importance of the digital domain for law enforcement operations has been steadily rising, both in response to an increase in cybercrime and cyber-enabled crime, but also the acknowledgement of how digital evidence, devices, or technologies, are now an integral part of virtually every investigation of traditional crime as well.
Perhaps in response to these developments, signs of states asserting the use of force by law enforcement organizations in the digital domain have emerged. This includes the lawful use of hacking to enable surveillance of devices, seizures of illicit dark web marketplaces or the hacking of communication platforms used to facilitate crime. States have also begun asserting the right to use police powers against devices or servers abroad, or where the location is unknown.
Yet distinct differences remain in terms of how police powers are regulated and used depending on whether digital technologies are involved or not. The legal safeguards involved when police authorities execute police powers in the digital domain are also different, due to the different considerations and rights-based consequences, such as privacy and data protection.
Taken together, the traditional Weberian monopoly of force appears to not translate coherently into the digital domain. This in turn challenges our traditional understanding of state power in this domain, as well as the very foundation of the role of the police in the digital society.
Against this background we aim to investigate whether the Weberian model of the monopoly of force is fit for the digital domain, considering the differences in the modalities and consequences of using digital force, as well as the legitimizing boundaries of human rights norms and the rule of law. This will add critical knowledge about the legitimacy of state interventions in the digital domain, the logic underpinning them, and allow for an analysis and theoretical understanding of how and where the monopoly of force can, and should, be maintained in relation to police action in the digital domain.
