About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

2019 BYU L. Rev. 997 (2019)
'My Computer Is My Castle': New Privacy Frameworks to Regulate Police Hacking

handle is hein.journals/byulr2019 and id is 1031 raw text is: My Computer Is My Castle: New Privacy Frameworks to Regulate Police Hacking* Ivan $korvdnek,t Bert-Jaap Koops,f Bryce Clayton Newell,** and Andrew Robertstt Several countries have recently introduced laws allowing the police to hack into suspects' computers. Legislators recognize that police hacking is highly intrusive to personal privacy but consider it justified by the increased use of encryption and mobile computing -both of which challenge traditional investigative methods. Police hacking also exemplifies a major challenge to the way legal systems deal with, and conceptualize, privacy. Existing conceptualizations of privacy and privacy rights do not always adequately address the types and degrees of intrusion into individuals' private lives that police hacking powers enable. Traditional privacy pillars such as the home and secrecy of communications do not always apply to computer-based police investigations in an era of mobile technologies and ubiquitous data. In this Article, we conduct a comparative legal analysis of criminal procedure rules in the United States, Germany, Italy, the Netherlands, and the United Kingdom to see which privacy frameworks lawmakers and courts apply when regulating police hacking. We show that while classic privacy frames of inviolability of the home and secrecy of communications remain adequate for some forms of police hacking (observation and interception), they fail to capture novel and fundamentally different ways in which the most intrusive forms of police hacking (covert online searches and remote surveillance) impact privacy in twenty-first-century society. * The research for this Article was made possible by a grant from the Netherlands Organisation for Scientific Research (NWO), project number 453-14-004. We thank Leo Nobile and Aldo Sghirinzetti for research assistance, and Nicolas von zur Muhlen for valuable help. All translations in this Article are by the authors, except where otherwise indicated. t PhD Researcher, Tilburg Institute for Law, Technology, and Society (TILT), Tilburg University. t Professor of Regulation and Technology, Tilburg Institute for Law, Technology, and Society (TILT), Tilburg University, the Netherlands. ** Assistant Professor, School of Journalism and Communication, University of Oregon. tt Associate Professor, Melbourne Law School, University of Melbourne. 997

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most