Percheziţia sistemelor informatice şi a mijloacelor de stocare a datelor informatice (II)
Search and seizure of computers and electronic devices (II)
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: trojan horse; digital evidence; digital forensics; computer search warrant; unauthorized transfer of computer data; unauthorized access to a computer system; windows registry; Internet activity; electronic payment instrument; digital artefacts.
Summary/Abstract: In a previous article published in this journal the author has analysed different practical aspects regarding the procedure of obtaining digital evidence and technical methods of finding digital artefacts. Firstly, in this article the author takes into consideration different aspects like the analysis of a fax machine’s volatile memory, the search and seizure of an electronic payment instrument (payment cards), the controversial subject of „trojan horse defense”, the importance of the digital artefacts found in Windows registry (e.g. regarding Internet activity) or the importance of establishing a connection between various computer data and the device that has produced them. Secondly, the author emphasizes a series of critiques regarding some procedural norms that have the potential to be detrimental to the rights of an individual whose computer or other electronic devices are the subject of the search and seizure. Likewise, an analysis regarding the applicability of different criminal offences is made. In this context, the author tries to elaborate a framework in which offences like unauthorized access to a computer system (article 360 Criminal Code) or unauthorized transfer of computer data (article 364 Criminal Code) could be applied.
- Issue Year: X/2014
- Issue No: 04
- Page Range: 76-94
- Page Count: 19
- Language: Romanian