"My Computer Is My Castle": New Privacy Frameworks to Regulate Police Hacking
Ivan Skorvanek, Bert-Jaap Koops, Bryce Clayton Newell, Andrew Roberts
Brigham Young University Law Review | Brigham Young University | Published : 2019
In this Article, we conduct a comparative legal analysis of criminal procedure rules in the United States, Germany, Italy, the Netherlands, and the United Kingdom to see which privacy frameworks lawmakers and courts apply when regulating police hacking. We show that while classic privacy frames of inviolability of the home and secrecy of communications remain adequate for some forms of police hacking (observation and interception), they fail to capture novel and fundamentally different ways in which the most intrusive forms of police hacking (covert online searches and remote surveillance) impact privacy in twenty-first-century society.