Legal Frameworks for Hacking by Law Enforcement: Identification, Evaluation and Comparison of Practices
The debate over encryption and the legality of unfettered government access to secured communications has become increasingly complex. Just one high profile example played out in the legal battle between Apple and the FBI in the aftermath of the San Bernardino shooting tragedy. As authorities searched for evidence on the suspected terrorist’s iPhones, they demanded that Apple reveal the security codes necessary to unlock the devices, so they could access any incriminating information. An FBI court order ensued, Apple refused to budge, and cases of public safety and security vs. brand patents and consumer privacy officially moved quickly to the forefront.
Due to this new and evolving security landscape, government law enforcement agencies and citizens have come to the realization that the legal rights and ramifications of surveillance and remote data access need to be reassessed. As a result, the European Parliament recently commissioned Optimity Advisors to conduct important research into the tangible challenges government agencies face regarding hacking by law enforcement.