The Police Hack Back: Legitimacy, Necessity and Privacy Implications of the Next Step in Fighting Cybercrime

Pool R.L.D & Custers B.H.M. (2017), The Police Hack Back: Legitimacy, Necessity and Privacy Implications of The Next Step in Fighting Cybercrime, European Journal of Crime, Criminal Law and Criminal Justice 2017(25): 123-144

14 Pages Posted: 4 Oct 2017 Last revised: 7 Oct 2017

See all articles by Bart Custers

Bart Custers

Leiden University - Center for Law and Digital Technologies

Ronald Pool

Government of the Netherlands - The Research and Documentation Centre (WODC)

Date Written: 2017

Abstract

In an attempt to strengthen the position of the police to fight cybercrime, the Dutch government proposed new legislation giving police agencies new investigative powers on the Internet. This proposed legislation is controversial as it allows police agencies to hack into computers and install spyware. This paper examines the background and contents of the proposed legislation and tries to answer the question to what extent these new investigative powers may result in infringements of the right to privacy and other fundamental rights of citizens, and whether these infringements are justified. The framework for this evaluation, mainly based on the European Convention on Human Rights, focuses on the legitimacy and necessity of the proposed investigative powers. The most important considerations are that new investigative powers are introduced while existing powers are not used adequately and that there are serious doubts as to whether these new investigative powers will be effective.

Keywords: cybercrime, echr, hacking, investigative powers, privacy, technology in policing

Suggested Citation

Custers, Bart and Pool, Ronald, The Police Hack Back: Legitimacy, Necessity and Privacy Implications of the Next Step in Fighting Cybercrime (2017). Pool R.L.D & Custers B.H.M. (2017), The Police Hack Back: Legitimacy, Necessity and Privacy Implications of The Next Step in Fighting Cybercrime, European Journal of Crime, Criminal Law and Criminal Justice 2017(25): 123-144. Available at SSRN: https://ssrn.com/abstract=3047223

Bart Custers (Contact Author)

Leiden University - Center for Law and Digital Technologies ( email )

2300 RA Leiden, NL-2300RA
Netherlands

Ronald Pool

Government of the Netherlands - The Research and Documentation Centre (WODC) ( email )

Postbus 20301
The Hague, 2500 EH
Netherlands

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