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Comparative legal study on Communications interception law in the U.S and South Korea

  • Public Land Law Review
  • Abbr : KPLLR
  • 2011, 52(), pp.329-356
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

나채준 1

1한국법제연구원

Accredited

ABSTRACT

Today, through the development of technology in telecommunications equipment, including telephone and Internet, crimes, especially drug offenses and organized crime is being covertly. Law enforcement agencies such as Police and Prosecutors, was needed scientific investigative methods by wire tapping, monitoring, recording for effective crime prevention. In addition the interception and restrictions of communication and dialogue is control necessary for domestic national security and external national interests. The problem is how to control illegal wiretapping and privacy invasion by abuse of wiretapping. With regard, the recent Constitutional Court has ruled unconstitutional to Communications Privacy Act provisions which did not put a limit on the number of renewal terms. Therefore, discussion about the amendment of Communications Privacy Act is expected to spread. In this paper, overview status of communications interception and relevant wiretapping laws of the United States that it's legal issues has accumulated since the early 1920s Supreme Court precedent. Especially the Federal Communications Act, including advanced congressional legislation, was a great influenced on Korean's Communications Privacy Act. Comparative study of legal issues related to permit requirements for wiretapping and tapping period, an extension of the period were performed. Current Communications Privacy Act and the amendments to be discussed and compared on the legal issues were critically reviewed.

Citation status

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