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Parallel with trends in the wider East Africa region, there has been an increase in the number of women involved in drug use, trafficking and drug-related crime in Kenya (Beckerleg, Telfer, & Hundt, 2005 ). Vulnerable populations, such as domestic labourers, ethnic minorities, those living in slums, bar attendants, sex workers and refugees, are recruited into criminal organisations and assigned roles that expose them to negative health outcomes, human rights violations and incarceration (NACADA, 2016 ). In cases where women do not directly participate in drug use or the drug trade, they often are responsible for mitigating the risks arising from drug use by family members and the community. This reflects their triple burden of care and support when family and social life deteriorates (Mburu, Limmer, & Holland 2019).

The Kenya Narcotic Drugs and Psychotropic Substances Control Act of 1994, criminalises possession and trafficking of illicit drugs. The enforcement of this legislation has led to an increase in the number of women incarcerated in Kenya for drug, but also (and mainly) alcohol offences. This goes against the recommendation of the UN Commission on Narcotic Drugs in 2005 that States should adopt innovative measures and policies that prioritise treatment and rehabilitation as opposed to incarceration. In Kenya, prisons have adopted the Mandela and Bangkok Rules, enabling a paradigm shift in the provision of correctional services for women offenders, including remote parenting, family open days and linkages to aftercare services. However, these policies need to be anchored in the legal framework, with adequate resources to hasten the realisation of goals for the care and treatment of female drug and criminal offenders.

This chapter, based on a sociological approach, addresses the ethical issues of surveillance research from the perspective of the profound transformations that science and innovation are undergoing, as part of a broader shift from modern to post-modern society, affecting also other major social institutions (such as government, religion, family, and public administration). The change occurring in the science and technology system is characterised by diminishing authority, uncertainty about internal mechanisms and standards, and a declining and increasingly difficult access to resources. Such changes, also related to globalisation and new digital technologies, have transformed the way research is conducted and disseminated. Research is now more open and its results more easily accessible to citizens.

Scientific research is also put under increased public scrutiny, while, at the same time, public distrust and disaffection towards science is rising. In such a context, it is more important than ever to make sure that research activities are not compromised by fraudulent and unethical practices. The legitimate expectations of citizens to enjoy their rights, including the ability to protect their private sphere, are growing. Scientific and technological development is deeply interrelated with the widespread awareness of these rights and the possibility of exercising them, but it produces also new risks, while a widespread sense of insecurity increases. The digital revolution, while improving people’s quality of life, offers at the same time new opportunities for crime and terrorism, which in turn has produced a demand to strengthen security systems through increasingly advanced and intrusive surveillance technologies. Misconduct in the field of surveillance may not only undermine the quality of research, but also further impair society’s trust in research and science as well as in the State and its institutions.

This chapter argues that the Americanisation of online policing has questionable impacts in Australian prosecutions involving drugs obtained and distributed through dark web cryptomarkets. The authors describe several Australian prosecutions of mid- and low-level dealers who have accessed drugs through the dark web and contrast these with the United States (US) case against the cryptomarket, AlphaBay. The discussion in this study emphasises how Australian police and courts view the relative weight of dark web activity associated with the domestic and transnational supply of illicit drugs that result in formal prosecutions. The authors suggest that large-scale forms of online and dark web police surveillance undertaken by US enforcement agencies reflect Ethan Nadelmann’s (Cops across borders: the internationalization of US criminal law enforcement, University Park: Pennsylvania State University Press, 1993) thesis on the Americanisation of global policing through transnational communications networks. The authors then explain how key elements of transnational dark web drug supply appear to have a marginal bearing on criminal investigations into low- and mid-level traffickers in Australia, which rely on conventional surveillance tactics to identify clandestine mail pickups, physical distribution methods, and irregular money trails. However, the authors then illustrate how the Americanisation of online policing that targets high-level entrepreneurs and seeks to dismantle or eliminate dark web cryptomarkets has important implications on Australian reforms aimed at enhancing online surveillance powers to target a range of crimes that are often wrongly associated with illicit drug cryptomarkets. The authors conclude by demonstrating how intensive dark web surveillance has limited direct impact on routine drug policing in Australia, with dark web communications simply another medium for facilitating the physical detection of illicit transnational drug transactions.