형사절차에서 인터넷서비스 제공자 서버에 저장된 이메일 보호

This Article explains that how e-mail stored internet service provider will be protected in criminal process. Information included in e-mail will likely become an increasingly important measure for criminal investigation in information age. E-mail is transmitted over servers which are managed by th third party such as ISP. In the process of communication, ISP can retain exchanged information between individuals at own server. Although ISP is not party to the transmission, criminal investigation agency hit a ISP with warrant not parties to communications. In practice, sender and receiver of e-mail can not expect their privacy protection. The protection of court against criminal investigation's numerous request of search and seizure is not successful. Through law revision recently, sender and receiver of e-mail can receive official notification ex post but that actual effect is doubtful. Maybe, this legal action can not protect individual privacy sufficiently. It is a debatable question whether Application of the protection of communication act or criminal procedure law. Legislation for protection to electronic communication just like e-mail is demanded in our legal system. Korean courts have to issue warrant for seizure and search to e-mail strictly before. The right to participate to search and seizure of criminal investigation and to refund or scrap data have to be recognized.