THE USE OF HACKING TECHNIQUES FOR THE PURPOSE OF CRIMINAL PROCEDURE

Abstract

Since certain trends in information technologies significantly hinder criminal investigation, there is an evident need for the creation of an appropriate criminal procedure mechanism to overcome these obstacles. One of the options is to enable the law enforcement agencies to use hacking techniques in order to gain access to protected computer systems, networks and data, even remotely, in order to identify suspects, to monitor their activities and communications, and to collect evidence. In this paper the author is considering the possibilities, advantages and risks of using hacking techniques for the purposes of criminal proceedings. After pointing out the risks of malware use by the competent authorities, the normative framework for overcoming those risks was considered through regulating the authorized access to a protected computer system or network, as a special investigative action, so the data obtained through such actions could be used as evidence in the court of law.