통신데이터 남용의 실태와 그 쟁점

Abstract

This paper aims at researching the abuse of communication data and pointing out legal problems on the current regulation. Now in South Korea, the most problematic issues on communication data, which is summit of formidable abuse, are ‘content data of communications’, ‘record or other information of communications’, and ‘information of communications user’. So this article analyzes each issue into its related regulation, since I believe that confused legislation and wrong ruling of court caused this reality of abuse condition. The first part of this article is allotted to analyzing problems of ‘content data of communications’, i. e. wiretapping. I refute the government’s claim that there is no technique for 3G or 4G mobile phone wiretapping, and criticize supreme court’s decision which brings superficial judgment to the study of ‘deep packet inspection’. In the middle part of this article, I study a problem about ‘record or other information of communications’, which is most severely abused. About this, I suggest to revise related provisions to fit on the constitutional principle of warrant requirement, and to enact a separate law about ‘tracking a cellphone’s location’, which has strict requirements on issuing warrant. In the last part of this article, then ‘information of communications user’, I criticize the current legislation has not put any limit or control and oppugn against Constitutional Court’s decision that this legislation has no reason to violate user’s fundamental rights.