통신비밀보호법의 형사법적 검토

The Study in View of Criminal Law on the Protection for the Secret of Communication Act of 2002

The protection for the Secret of Communication Act of 2002 regulate the interception of wire, oral, and electronic communications and the freedom of communication. The protection for the Secret of Communication Act of 2002 mandate that the procedure for the protection of communication privacy is to be first receive authorization to apply for a court order authorizing the interception of wire, oral, or electronic communications in connection with the investigation of certain enumerated crimes. In 1993, the protection for the Secret of Communication Act of was first enacted in Congress. In 1997, 1999 and 2002, the law were amended. The law is for the law enforcement officials and the civilians. Electronic devices enable law enforcement officials to monitor and record conversations, to monitor movements of persons and objects, and to trace or record telephone calls. An application for a surveillance order must include：(1) a full and complete statement of the alleged offense；(2) the facilities from which the communications are to be intercepted；(3) a particular description of the communications sought to be intercepted；(4) the identity of the persons committing the offense (if known) and of the persons whose communications are to be intercepted；(5) a full and complete statement of whether other investigative procedures have been tried and have failed or why they appear unlikely to succeed or are too dangerous；and (6) a full and complete statement of the period of time for which the interception is to be maintained. The application must also include information concerning previous applications involving any of the same persons, facilities, or places. This article also include ：(1) historical background of the protection for the Secret of Communication Act of 2002, (2) the analysis of the protection for the Secret of Communication Act of 2002, (3) the analysis of the protection for the Secret of Communication Act of 2002 in the criminal law theory, (4) wiretapping and electronic surveillance, (5) the problem of Pen Register (6) the application of current law to modern communications technologies such as mobile phone and e-mail (7) the evidence problem of the criminal procedure about the protection for the Secret of Communication Act of 2002.