In today's digital age, AI is deeply ingrained in all industries and our daily lives. Furthermore, the seizure and search of electronic information is rapidly increasing due to massive property damage and serious personal information infringements cau...
In today's digital age, AI is deeply ingrained in all industries and our daily lives. Furthermore, the seizure and search of electronic information is rapidly increasing due to massive property damage and serious personal information infringements caused by various phishing scams. This has led to a rise in legal disputes surrounding the right to participate, issues surrounding the selection and management of seized electronic information, the challenges of digital forensics, and the concluding and implementing of international agreements related to the seizure and search of electronic information.
The case law governing the seizure and search of electronic information was established following the Chong Kun Dang case, and has evolved and expanded over the past decade to address a variety of new issues and concerns. The debate over the subject and method of guaranteeing the right to participate, a key point of contention within the case law, can be seen as ultimately aimed at preventing serious violations of individuals' fundamental rights by ensuring compliance with the "selection of relevant electronic information.
Given the current situation, faithful implementation of case law regarding the seizure and search of electronic information is more crucial than ever. It's time to question whether the current system is truly capable of implementing this principle. It's time to move beyond the "path dependence" of the current system and reexamine the structure of electronic information seizure and search, along with exploring new approaches.
Meanwhile, the recent implementation of electronic criminal proceedings has led to the introduction of an electronic warrant system. From requesting and issuing electronic warrants to their execution, all processes, from approval to transmission, will be conducted electronically. This system, along with voluntary face-to-face interrogations, provides the material foundation for exploring new approaches to the search and seizure of electronic information and introducing a new model for oversight of the storage of seized electronic information.
Beyond simply reviewing the post-seizure control of electronic information seizure and search, it is necessary to simultaneously regulate the reporting of electronic information seizure warrant execution results and the storage, return, and disposal of seized electronic information. This oversight and control encompasses the entire process, from the seizure to the storage of electronic information by investigative agencies, and is organically and inextricably linked to the search and seizure of electronic information.
Now, considering the various views on the structure of seizure and search based on the electronic warrant system and arbitrary face-to-face interrogation, as well as the legislative precedents of each country and international agreements, in order to ensure more faithful implementation of case law, we propose a new model of electronic information seizure and search that reflects the characteristics of electronic information seizure and search: ‘step-by-step seizure and search of electronic information’ and ‘integrated management’. We also plan to design its specific form and present tasks for future review.