Operational Activities in the Field of Cybersecurity
Justyna Kurek · 2021
Abstract The increase in cybercrime and the importance of cyberspace for the preparatory stage of crimes led to the redefinition of operational and exploratory activities. It has become desirable to move away from the concept of targeted surveillance and towards prevention systems used on a massive scale. This trend is manifested in using technological achievements like hacking software for legal purposes. The goal of this article is to define the concept of state-run on-line remote search of information systems, including the use of breakthrough security software like spyware, in the context of procedural- and pre-trial guarantees, the presumption of innocence and protection of privacy. The article attempts to verify the following research hypothesis: that the creation of new appropriate guarantees (institutional, substantive and procedural) for the digital environment is required since the existing safeguards appropriate to the actions in the real world cannot be applied by analogy in the digital environment without influencing the effectiveness of the measures. The legal framework for operational activities in the digital world must take into account the requirement of subsidiarity and necessity of maintaining a balance between effective criminal law and respect for privacy.