Aspects regarding accessing a computer system
as a technical surveillance method (II) Cover Image
  • Price 4.50 €

Consideraţii privind accesul la un sistem informatic ca metodă de supraveghere tehnică (II)
Aspects regarding accessing a computer system as a technical surveillance method (II)

Author(s): Mihai Suian
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: technical surveillance; accessing a computer system; computer data; content data; traffic data; search and seizure; surveillance order; trans-border computer access; Budapest Convention on cybercrime;

Summary/Abstract: In a previous article published in this journal we analysed the general aspects regarding the use of the technical surveillance method of accessing a computer system and also the procedural steps that need to be taken in order for the method to be legally authorized. In this article, we shall take into consideration the agents that are legally competent to carry out the technical surveillance method with emphasis on the repercussions of using the infrastructure of the Romanian Information Service and also the use of its operatives. Also, we shall focus on the aspects regarding territory and the possibility of accessing a computer system that is outside the jurisdiction of Romanian authorities and the cases when such an access is lawful. Another section is dedicated to the ways in which the technique of accessing a computer system can be implemented from a practical point of view, and the main obstacles that can interfere with obtaining information of use in a criminal investigation, taking into account the latest in technical advancements. Due to the fact that the Romanian Criminal Procedure Code implements different procedures of obtaining evidence that are related to accessing a computer system, in this article we shall make a rigorous contrast between these methods, in order to avoid any confusion in implementation that would lead to unlawful gathering of evidence.

  • Issue Year: 2016
  • Issue No: 04
  • Page Range: 117-150
  • Page Count: 34
  • Language: Romanian