25 Nov Cybercrime search warrants and the role of ISPs
Just like in any other crime, a search warrant is necessary to aid in the prosecution of cybercrime [i]. Aiming to protect the fundamental right against unreasonable searches and seizures, the policy of procuring search warrants for cybercrimes is definitely sensible on paper. However, the unique nature of data and computer systems makes it troublesome. Can service providers be the solution?
The unique nature of search warrants in cyberspace
The procurement of a search warrant is a crucial part of the criminal prosecution process. By means of the warrant, law enforcement officers can secure material pieces of evidence [ii]. Without such prior authorization, persons can invoke the right against unreasonable searches and seizures and refuse to reveal the location of personal properties that could later be used as evidence.
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