Criminal procedure: intercepting and posting

Intercepting communications is not new (remember the old days where post mail was opened and retained…) and the requirement to do it openly or at least within a framework where effective control exists has never been well accepted by investigatory forces. So it should not come as a surprise that the FBI does not particularly appreciate to follow court orders “FBI Apparently Believes That Court Orders Are For Suckers” (21 December 2007)

A bit more problematic, but among similar lines because of conflicting interests, the possibility nowadays for anybody to post videos about other people including when they behave badly. Should it be allowed? or should we be a bit more responsible? TechDirt made a stark comment about students not being allowed to post bad behaviour of their teachers; but is it their job to do so? Are there not other means to deal with problematic behaviour? My concern moreover is the effect on potentially disciplinary proceedings to be started on the teacher on the basis of the video without any regulation about it. And what if the video is a fake? At least, regulations for videos in criminal procedure are there to ensure the media’s reliability… “Student Films Principal Fighting Another Student… School Board Bans Mobile Phones” (21 December 2007)

About Audrey Guinchard

Senior Lecturer @ University of Essex (UK)
This entry was posted in Investigation-2- Interception of communication. Bookmark the permalink.

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