Online searches and online surveillance: the use of trojans and other types of malware as means of obtaining evidence in criminal proceedings

Abstract

An analysis of the use of malware in criminal investigations, examining the international relevance and sensitivity of the issues and highlighting the importance of legal implementation of technical and procedural requirements for the use of these tools. The authors identify the complex compromise involved in balancing the needs of criminal investigation and the protection of fundamental rights.

Index words: obtaining electronic evidence in criminal proceedings; online searches; online surveillance; trojans; malware; Hacking Team 7; Italian cases; 2015 reform Spanish Code of Criminal Procedure