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Remote Search of IT System in Polish Legislation and Its Importance in Fight Against Cybercrime

100%
Olber P.
Internal Security
|
2019
|
vol. 11(2)
141-149
EN
The issues of remote access by law enforcement authorities to data in remote IT systems are extremely difficult and controversial. The literature stresses that such activities threaten the right to privacy of the parties involved in the proceedings and the right to a fair trial. However, on the other hand, the dynamic development of new technologies and the need to combat cybercrime effectively require that law enforcement and judicial authorities make use of adequate legal and technical solutions. One such a solution may be a remote search of an IT system, which exists in many European countries, including Belgium, Romania and Germany. In the case of Poland, a search of an IT system as a procedural activity is only allowed in respect of a system in which the person concerned is a dispatcher or user. The Polish legislator has not implemented procedural provisions enabling remote searches via the Internet. In case of the necessity of a system remote search, it will be necessary to conduct a parallel search. Another way of obtaining remote access to data and IT systems may be new methods of covert surveillance, which have been introduced into the Police Act. The new regulations generate a lot of interest among Polish police officers, but at the same time they provoke a lot of discussion. The diversity of the existing approach leads to the development of a uniform interpretation of the introduced regulations, which has been adopted as the subject of this study.
2
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Cybersecurity and the Handling of Cyber Incidents

88%
Kosiński J., Gontarz T., Kośla R.
Internal Security
|
2018
|
vol. 10(2)
107-128
EN
The article presents interpretations of the concepts of cybersecurity and cybercrime as well as the abuse of the term cybernetic. The author refers to information as a new “centre of gravity” of the nation’s power and special attention is paid to activities aimed at ensuring a high level of information security in Poland. The assumptions of the draft Act on the national cybersecurity system are described and particular emphasis is placed on the issues of technical and organisational reporting and the handling of ICT security incidents. The author points out that handling incidents violating cyber security at a strategic level for a country ought to be considered as an intentional action of a definite and repeatable character. Here the reference to the ISO/IEC standards and recommendations can be found. Moreover, behaviours related to securing digital evidence after an incident, including the so-called good practice in relation to the reaction in the event of an incident, are presented. A simplified procedure for securing computer hardware, as a recommended method of action in case of the triage and live data forensics, are suggested in the article. The recommendations of the FORZA methodology and frameworks are also discussed. When summarising, the author underlines that it is essential to prepare appropriate procedures and personnel for the broadly understood handling of incidents violating cybersecurity. This includes protection of digital evidence according to the procedures, good practice and suggestions contained in normative documents, as well as implementing cybersecurity policy, bringing legislation into line with international standards and educating users and the judiciary.
3
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THE EUROPEAN INVESTIGATION ORDER AS A MECHANISM FOR INTERNATIONAL COOPERATION IN CRIMINAL CASES TO COMBAT CYBERCRIME

75%
OLBER P.
Przegląd Policyjny
|
2020
|
vol. 137(1)
174-187
EN
The fi ght against cybercrime requires effective and rapid solutions for the collection of digital evidence at the international level. An example of such an instrument is the European Investigation Order, which introduces a comprehensive system for obtaining evidence in cross-border cases. The legislation on this solution is contained in directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 on the European Investigation Order in criminal matters. The above regulations have been implemented into the Polish national law by the Act of 10 January 2018 amending the Act — The Code of Criminal Procedure and certain other acts. The European Investigation Order was presumably fi rst used by Polish law enforcement authorities in a case involving cybercrimes committed by a person using the aliases Thomas and Armaged0n. The use of this investigation measure made it possible to apprehend the offender many years after the fi rst offence was committed and the offender was identifi ed49. Despite this success, further changes to the European Investigation Order in national legislation are needed to improve the effectiveness of the fi ght against cybercrime. It should be proposed to modify the Prosecution Services’ Rules of Procedure as regards the authorities competent to issue European Investigation Orders. Currently, the authorities executing the European Investigation Order in Poland at the stage of preparatory proceedings are district prosecutor’s offi ces, whereas such powers should be vested in every prosecutor conducting preparatory proceedings.
4
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OBTAINING DATA LOCATED IN DEVICES OR IT SYSTEMS — SELECTED ISSUES IN LIGHT OF THE PROVISIONS OF CRIMINAL PROCEDURAL LAW

75%
OLBER P.
Przegląd Policyjny
|
2019
|
vol. 136(4)
193-208
EN
There is a lack of consensus among national law enforcement and judicial authorities as to which procedural acts are relevant for obtaining data contained in devices or information systems for evidentiary purposes. It is easy to fi nd supporters of the search of the information system as well as those who consider it appropriate to carry out inspections. However, regardless of many examples and arguments of various persons, it may seem that the compromise in this respect should be the position of the National Public Prosecutor’s Offi ce on the procedural practice related to obtaining data contained in IT equipment or systems for evidentiary purposes. However, the opinion of the National Prosecutor’s Offi ce does not take into account legally protected data, and in particular, legal aspects related to obtaining access to the content of telecommunications, including text messages protected by telecommunications secrecy. The article is a summary of the previous considerations regarding the possibility of obtaining data located in IT equipment or systems. The article also contains the author’s conclusions, based on, inter alia, methodology for securing digital footprints, intended for all representatives of national law enforcement and judicial authorities.
5
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Digitálne dôkazy v medzinárodnom trestnom práve

75%
Klenka M.
Právník. Teoretický časopis pro otázky státu a práva (The Lawyer - Scientific Review for Problems of State and Law)
|
2022
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vol. 161
|
issue 9
866-880
EN
The article addresses the fact that digital evidence is beginning to prevail and this represents not just a legal challenge for the international criminal justice system. The aim of this article is to analyse the existing legal framework governing evidence in international criminal law in the context of the use of digital evidence. The starting point is primarily the legal regulation of the International Criminal Court, but we have not forgotten other international criminal tribunals. The article not only deals with the very definition of “digital evidence”, but also deals with the rules of admissibility and exclusion of evidence before the International Criminal Court (especially Article 69 (4) and (7) of the Rome Statute), as well as issues of relevance and admissibility of evidence in general. The subject of the examination is also the authentication and reliability of digital evidence, its probative value and, last but not least, the chain of custody of digital evidence. Finally, there is also some consideration of the future use of digital evidence and the potential risks that its admission and use in court proceedings entails.
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