NCJ Number
163115
Date Published
1996
Length
77 pages
Annotation
Criminal procedural law in most Council of Europe member states does not contain special provisions on the investigation of offenses and the collection of evidence in a computerized environment.
Abstract
The lack of legislative adaptation of traditional legal notions to the challenge of information technology creates problems of interpretation and impairs law enforcement efficiency. Consequently, the Council of Europe has recommended that laws be updated in member states, in particular that legal provisions be harmonized on such procedural law issues as computer system search capabilities and the interception of telecommunications. The standardization of legal provisions will facilitate international cooperation, in light of the urgent need for law enforcement to deal with cross-border computer-related crime. The Council of Europe recommendation concerning problems of criminal procedural law related to information technology focuses on search and seizure, technical surveillance, electronic evidence, encryption, electronic information as the object of criminal investigation, computer networks, and data and information. Appendixes contain a list of individuals involved in developing the recommendation and a selected international bibliography. 50 references