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Review of Legislations on Location Tracking Investigation on TERRORISM

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초록

The reason why intelligence agencies investigating the crimes that threaten national security, such as terrorism today, uses location tracking in its investigation is that it is the most effective way to investigate individuals, who were at the scene of crime, to identify suspects. In this case, the intelligence agency and the investigation agency will acquire the number of all mobile phones through the base station that is responsible for the area in question, and if there exist a certain phone number and a number of call records already known by the intelligence agency and investigation agency, information of a specific person to be responsible for the crime-related behavior, then the scope of investigation is limited to the telephone numbers of persons who have shown communication or conduct related to crime such as communication information that has been confirmed to stay in a nearby area for a long time or that they have also contacted other base stations related to the crime. However, location tracking using a base station will also get a minimum amount of calls for people who are not related to the crime. In some cases, the information that communicates with a particular base station is equivalent to the information that the communication was present near the base station. Therefore, even if the accuracy of the location information is low as long as the location information is obtained through base station investigation, the location information through base station investigation is strong. For these reasons, it is argued that it should be protected and should not be included in the communication confirmation data. Finally, if not included in the data confirming the communication, the protection of the level of the search warrants should be maintained, and related legislation on crimes that threaten national security, such as terrorism, should be closely discussed and examined.

Abstract

The reason why intelligence agencies investigating the crimes that threaten national security, such as terrorism today, uses location tracking in its investigation is that it is the most effective way to investigate individuals, who were at the scene of crime, to identify suspects. In this case, the intelligence agency and the investigation agency will acquire the number of all mobile phones through the base station that is responsible for the area in question, and if there exist a certain phone number and a number of call records already known by the intelligence agency and investigation agency, information of a specific person to be responsible for the crime-related behavior, then the scope of investigation is limited to the telephone numbers of persons who have shown communication or conduct related to crime such as communication information that has been confirmed to stay in a nearby area for a long time or that they have also contacted other base stations related to the crime. However, location tracking using a base station will also get a minimum amount of calls for people who are not related to the crime. In some cases, the information that communicates with a particular base station is equivalent to the information that the communication was present near the base station. Therefore, even if the accuracy of the location information is low as long as the location information is obtained through base station investigation, the location information through base station investigation is strong. For these reasons, it is argued that it should be protected and should not be included in the communication confirmation data. Finally, if not included in the data confirming the communication, the protection of the level of the search warrants should be maintained, and related legislation on crimes that threaten national security, such as terrorism, should be closely discussed and examined.

참고문헌 (8)

  1. BVerfG, "Beschluss vom 22.8.2006 - 2 BvR 1345", 03, 2006
  2. "18 U.S.C.A. § 2703", ~
  3. Kim JO, "A Legal Study on the Improvement of Communication Investigation Procedure", Master’s, pp.2018
  4. 박찬걸, "전기통신사업법상 통신자료 제공제도의 문제점과 개선방안", 법과정책연구, 14(1), pp.9~41 (2014), 한국법정책학회[DOI]
  5. 김지온, "수사상 GPS위치추적기 활용을 위한 법적연구", 한국치안행정논집, 15(2), pp.81~112 (2018), 한국치안행정학회[DOI]
  6. "Meyer-Grossner, Vor §94 Rn", ~ (2013)
  7. 이성기, "「통신사업자의 통신사실 확인자료 및 통신자료 제공의 요건과 절차」에 관한 비교법적 연구 : 미국, 영국, 독일, 프랑스, 일본의 제도 비교를 중심으로", 법과정책연구, 14(1), pp.43~67 (2014), 한국법정책학회[DOI]
  8. 박희영, "독일 형사소송법상 통신데이터 수집권과 한국 통신비밀보호법상 통신사실확인자료제공 요청권의 비교 및 시사점", 경찰학연구, 9(3), pp.33~61 (2009), 경찰대학[DOI]

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