통신제한조치 대상범죄에 사이버범죄의 포함 필요성

Major cybercrimes, such as cyberterrorism, online gambling, and illegal pornography distribution cannot be treated lightly today because these have had a profound effect on society and are more serious than traditional crime. The very nature of cybercrime makes it difficult to predict and detect cybercrime and to secure digital evidence without legal authorization of Internet wiretapping, This adds further challenges to identifying and arresting a suspect. The government is currently prohibiting Internet communication interception due to a lack of legislation on it, although it is responsible for protecting its own citizens from crime. It is paradoxical that cybercrime, which uses the internet as crime scene, is not subject to Internet packet communication interception. The Constitutional Court ruled that the existing packet inspection procedures violate the proportionality principle, but this only concerns the need for a partial amendment of procedures not the crime subject to Internet wiretapping. In addition, the Deep Packet Inspection(DPI) technology of Internet wiretapping can be used to collect criminal communications that are distinguished from non-criminal communications overcomes the issue of infringement of privacy and personal information. This corresponds with the international flows of regarding cybercrimes as subjects of wiretapping under the Protection of Communications Secrets Act, because the Budapest Convention also calls for the Internet communication interception of cybercrimes to make the cyber world safe.