Sunday, January 20, 2008

Searching A Computer... With A Warrant

I was just wondering, if ever legislature can manage to pass the implemeting rules to govern our law to combat cyber crimes, what will they do on the issue on searches?

Aside from the question of whether or not a warrant should specifically identify the hard drive that will the subject of the search, a more pressing matter comes to my attention. How can searches be effected without a witness?

Physical searches of premises, as it stands, requires that a witness, or better yet, the occupant of the house or building or office, to be present durign teh search. In terms of cyber crimes, the searches will be conducted on computers and will be done remotely. So even if a warrant is secured, the searching authorities can do it in their own offices.

Now, why is this a big problem?

The main problem, as I see it, is that their will be nothing to stop the authorities from planting their own evidence on a hard drive if their search proves unsuccessful. Let's face it, these people are fully capable of doing so. It is not only the hacker who is well versed in computer and data manipulation.

So, will the rules address this problem? Will they require an indendent third party to be present when the search happens? Even if there was, another computer could easily be accessing the computer being searched from another location just in case his services are needed.

Oh well.

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