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  • Introducing remote searches of electronic devices as collateral damage of protecting privilege against self-incrimination : Elektronski vir
    Gorkič, Primož
    The paper will explore the implications of privilege against self-incrimination in a digital age. Generally, suspects are typically under no duty to produce evidence. Using encryption methods may, as ... a consequence, render digital evidence useless for practical purposes of criminal investigation. A (re)examination of privilege against self-incrimination in a digital age is therefore in order. Traditionally, exemption from duty to produce evidence rests on the assumption that evidence may be collected without the cooperation of suspects, by search and seizure. Use of encryption methods, however, limits its applicability: while seizure may provide physically secure digital evidence, it cannot provide access to digital data; cooperation of suspects is required. The changing context of the privilege against self-incrimination demands that we consider two possibilities. The first is to require the suspects to cooperate in accessing encrypted digital evidence, thus limiting the scope of privilege against self-incrimination. The second possibility is to apply more intrusive instruments of searching digital evidence, enabling the law-enforcement to access data without cooperation of suspects. Forensic digital tools and remote searches are such instruments.
    Vir: Cyberspace conference ... [Elektronski vir]
    Vrsta gradiva - prispevek na konferenci
    Leto - 2015
    Jezik - angleški
    COBISS.SI-ID - 1865550

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    https://docs.google.com/spreadsheets/d/1irmdaTJryau3BnIrTY4q35yDS6NaDSnMRmuv6PDirYg/edit#gid=4

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