Restriction of Private Life in Electronic Communications for Criminal Investigation Purposes
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Abstract
The main purpose of the article – to analyze legal problems related to the restriction of private life in electronic communications for law enforcement purposes. The present work deals with some legal regulation problems of both control of electronic communications according to Law on operative acrivities and Criminal procedure law.
In the first part of the present work legal problems, related to the control of traffic data, retained by electronic communication operators and service providers, are studied. The main problem is a lack of secondary legislation acts, related to control of private life for criminal investigation purposes. Significant importance in Lithuanian electronic communication control process also may have a proposal for a Directive on the retention of communications traffic data that would see internet data held for six months, phone data held for one year, and ISPs and telcos compensated for their compliance costs.
The proposed Directive would not be applicable to the actual content of the communications.
In the second part the legal aspects of real-time collection of content and traffic data are studied. The line drawn between traffic data (who someone calls, when, for how long) and communication data (the content of telephone call) is drawn from the traditional telephone infrastructure. Adapting this ti the Internet is particular quite different, if at all possible. Is communication the content of packages? Is traffic data just packets headers? O is traffic data clickstreams, or httprequests? A possible step forward would be to define the notion of communication. Subpart 2.1 deals with the control of electronic communications during operational activities. Also subart 2.2 deals with the control of electronic communications during criminal procedure.
In the third part, the need of special institution is discussed.
At that moment acredited institution, related to black boxes is State Security Department. But this department also provides operational activities and controls electronic communications itself. Another form of supervision of electronic communication control for criminal investigalion purposes is Parliamentary control, which in Lithuania is weak and should be strenghtened.
At the end of the present work the conclusions are presented.
In the first part of the present work legal problems, related to the control of traffic data, retained by electronic communication operators and service providers, are studied. The main problem is a lack of secondary legislation acts, related to control of private life for criminal investigation purposes. Significant importance in Lithuanian electronic communication control process also may have a proposal for a Directive on the retention of communications traffic data that would see internet data held for six months, phone data held for one year, and ISPs and telcos compensated for their compliance costs.
The proposed Directive would not be applicable to the actual content of the communications.
In the second part the legal aspects of real-time collection of content and traffic data are studied. The line drawn between traffic data (who someone calls, when, for how long) and communication data (the content of telephone call) is drawn from the traditional telephone infrastructure. Adapting this ti the Internet is particular quite different, if at all possible. Is communication the content of packages? Is traffic data just packets headers? O is traffic data clickstreams, or httprequests? A possible step forward would be to define the notion of communication. Subpart 2.1 deals with the control of electronic communications during operational activities. Also subart 2.2 deals with the control of electronic communications during criminal procedure.
In the third part, the need of special institution is discussed.
At that moment acredited institution, related to black boxes is State Security Department. But this department also provides operational activities and controls electronic communications itself. Another form of supervision of electronic communication control for criminal investigalion purposes is Parliamentary control, which in Lithuania is weak and should be strenghtened.
At the end of the present work the conclusions are presented.
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Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
