Third-Party Doctrine and Obtaining Cyber-Criminal Evidence
The cases which can be counted as searching and seizing the evidence without needing the legal warrant,are situations proposed as “Third-Party Consent” doctrine. In the American system, officials can search any place or object without having a warrant or even a probable cause, provided that a person...
| Main Authors: | , |
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| Format: | Article |
| Language: | fas |
| Published: |
Allameh Tabataba'i University Press
2017-05-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī |
| Subjects: | |
| Online Access: | https://jclr.atu.ac.ir/article_7402_5f455a1683b67a8a05ecc53ca4f3df74.pdf |
| Summary: | The cases which can be counted as searching and seizing the evidence without
needing the legal warrant,are situations proposed as “Third-Party Consent”
doctrine. In the American system, officials can search any place or object
without having a warrant or even a probable cause, provided that a person
authorized to consent voluntarily agrees to the inspection. This doctrine has
always been involved with two issues including determining: “Third-party
consent territory” and “the identity of the authorized persons to consent”.
Gradually, foundations of doctrine were challenged and it was claimed that it did
not have the capability of surviving in the current situation and according to its
old understanding. In fact, the arrival of modern technology in the age of
communication and in the cyber territory due to the change of subjects and the
conceptual transformation of the doctrine in the field of technologies, it has
faced many challenges. Doubts towards efficiency of the doctrine became
apparent when it was observed that almost all services in the current age are
being provided by Third-Party; hence, the traditional reading of the Doctrine
leaves no trace of privacy. In this review, we will explain the Third-Party
Doctrine in the cyber environment. |
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| ISSN: | 2345-3575 2476-6224 |