미국 수사기관과 정보기관의 법집행 및 정보활동에 대한 사례연구

Abstract

The recent scandal of hacking program purchase by NIS (National Intelligence Service) includes various critical and meaningful issues of national security institutions and their activities in the 21st century far beyond the conventional matters of privacy and illegal searches and seizures. Globalization and information revolution require the fundamental transitions of the national law enforcement and intelligence countermeasures. Such advancement of law enforcement and intelligence is particularly important for our nation whose security is threatened by various actors including North Korea, China, Terrorists, Criminals, and multi-national corporations. Therefore, this article examines the case of the U.S. experience on law enforcement and intelligence agencies’ roles, functions, and activities and finds some valuable lessons. The U.S. learnt that the traditional principles of privacy protection, civil rights’ protection, and the restrictions of the state power no longer effectively function in the rapidly changing 21st century. For instance, the damage of mega-terrorism and transnational organized crime such as vice phishing and drug trafficking is too severe for the contemporary society to tolerate. For this reason, the proactive measures by the state power is more required than the traditional responses after-the-fact. Responding to such changing security environment, many other western allies including the U.S. move toward the strengthen of the state law enforcement and intelligence power by the realignment of legal system and practices. Despite the raising concerns of privacy and civil rights’ violations, our western allies adopt various policy initiatives and legal grounds on many areas of law enforcement and intelligence including pre-crime investigations, undercover operation, electronic surveillance, and cyber operations.