Open AccessCOMMUNICATIONS ENCRYPTION AS AN INVESTIGATIVE OBSTACLE
Author(s) -
Milana Pisarić
Publication year - 2022
Publication title -
revija za kriminologiju i krivično pravo/revija za kriminologiju i krivično pravo
Language(s) - English
Resource type - Journals
eISSN - 2956-2198
pISSN - 1820-2969
DOI - 10.47152/rkkp.60.1.4
Subject(s) - encryption , computer security , internet privacy , legislature , law enforcement , order (exchange) , service provider , enforcement , phenomenon , action (physics) , business , political science , computer science , law , service (business) , physics , finance , marketing , quantum mechanics
Due to novel technology solutions, primarily peertopeer, encryption and service providers located abroad, the ability of the law enforcement agencies to execute legally authorized traditional (even special) investigatory means is becoming increasingly problematic. Communication encryption, particularly endtoend encryption in smartphone applications hinders law enforcement authorities’ practical ability to wiretap communications, although in a legal position. This phenomenon is globally recognized as “Going Dark” problem. All these challenges have necessitated legislative action. So far two different approaches have been recognized in addressing this problem: mandatory exceptional access and legalized hacking of target. In this paper we explore the viability and implications of both of them, in order to identity the most viable solution for overcoming investigative barrier, i.e. enabling the authorities to conduct surveillance of electronic communications.