‘감청’ 허용 기준과 ‘감청’ 범위에 관한 입법적 제언 ― 우리나라와 미국의 법제 비교를 중심으로 ―

Abstract

Wiretapping regulations, which began with regulations on indiscriminate installation of wiretapping devices in the past, are expanding to SNS and VoIP wiretapping regulations with the development of mobile phones and the Internet. In the case of these technologies, especially with the cooperation of the telecommunications service provider, it is possible for the investigative agency to intercept the wiretapping, so discussions are focused on the regulation of each type of wiretapping standards and the duty of cooperation of the telecommunications service provider. It is required to prepare more specific information collection and management procedures under the Protection of Communications Secrets Act for reasons such as specifying the duty of cooperation of telecommunications service providers, specifying crimes and procedures subject to wiretapping, and subdividing wiretapping standards. Also, going through a repetitive review process through the establishment of an independent organization to supervise this can be suggested as an alternative. Considering that the crimes subject to wiretapping for criminal investigation under the current Protection of Communications Secrets Act are widely stipulated throughout the criminal law, it may also be considered to limit the crimes subject to information collection through wiretapping through social discussion. However, in consideration of the need for wiretapping, exceptions to target crimes may be expanded through permission from supervisory organizations, etc., in accordance with the provisions of the law. Given that recent crimes evolve and change very quickly, it may be difficult to respond in real time only with the provisions of the law. Accordingly, preparation of an independent wiretapping support organization may be considered. The fact that it has been subject to information collection, the reason for it, the method to notify the objection procedure, etc., the procedure for reviewing whether the collected information meets the purpose of collection, and the deletion or disposal of information that goes beyond the scope of the purpose of collection or whose use has been terminated In accordance with the development of technology and changes in the need for information collection, a procedure for establishing and revising the standards for wiretapping is prepared so that the supervisory body reviews them based on those standards, and if it is subject to management and supervision of the legislative branch through a government investigation or inspection of government affairs It is judged that it will be possible to secure the ability to actively respond to investigations while minimizing violations of basic rights due to wiretapping. These supervisory agencies will supervise and coordinate compliance with information collection requirements, judging legitimacy, fulfillment of notification obligations to persons subject to information collection, appropriateness of use and management of collected information, and establishment/revision of wiretapping standards. However, since presenting a specific standard becomes a framework and is interpreted as allowing everything except that framework, it should not be a means of escaping the law. should be established. Also, in the process, it should be organized so that the restrictions on the people's basic rights can be minimized.