지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
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This Article explains that how e-mail stored internet service provider will be protected in criminal process. Information included in e-mail will likely become an increasingly important measure for criminal investigation in information age. E-mail is transmitted over servers which are managed by th third party such as ISP. In the process of communication, ISP can retain exchanged information between individuals at own server. Although ISP is not party to the transmission, criminal investigation agency hit a ISP with warrant not parties to communications. In practice, sender and receiver of e-mail can not expect their privacy protection. The protection of court against criminal investigation's numerous request of search and seizure is not successful.
Through law revision recently, sender and receiver of e-mail can receive official notification ex post but that actual effect is doubtful. Maybe, this legal action can not protect individual privacy sufficiently. It is a debatable question whether Application of the protection of communication act or criminal procedure law.
Legislation for protection to electronic communication just like e-mail is demanded in our legal system. Korean courts have to issue warrant for seizure and search to e-mail strictly before. The right to participate to search and seizure of criminal investigation and to refund or scrap data have to be recognized.
목차
등록된 정보가 없습니다.
참고문헌 (28)
참고문헌 신청
Alexander Scolnik / 2009 / Protections for Electronic Communications: The Stored Communications Act and the Fourth Amendment / Fordham Law Review 78
Klaus Volk / 2004 / GRUNDKURS StPO
Louis Fisher / 1986 / Congress and the Fourth Amendment / Ga.L.Rev. 21
Nathaniel Gleicher / 2009 / Neither a customer Nor a Subscriber Be: Regulating the Release of User Information on the World Wide Web / Yale Law Journal
Orin S. Kerr / 2009 / The Case for the Third Party Doctrine / Michigan Law Review 107
Klaus Volk / 2004 / GRUNDKURS StPO
Louis Fisher / 1986 / Congress and the Fourth Amendment / Ga.L.Rev. 21
Nathaniel Gleicher / 2009 / Neither a customer Nor a Subscriber Be: Regulating the Release of User Information on the World Wide Web / Yale Law Journal
Orin S. Kerr / 2009 / The Case for the Third Party Doctrine / Michigan Law Review 107
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