클라우드에 저장된 정보취득의 수사상 문제점 - 독일형사소송법의 수사상 처분과 비교를 중심으로 -

Compulsory measures on computers or smartphones by investigative agencies is still controversial due to the vast amount of information stored on storage devices. In particular, the investigation method for cloud storage, in which media and information are separated, is divided into two methods: access by entering access authority information or linked with a computer and smartphone. Access to the cloud storage through the account information of the investigative agencies is not considered a legitimate method under the current law. This is because it is difficult to measure the quantity and quality of information stored in virtual space, including cloud storage. From this point of view, the cloud storage service provider becomes a party to the compulsory measures. In addition, legal basis and procedures are required for access through the access authority information of investigative agencies. German Code of Criminal Procedure provides a legal basis for securing information stored in spatially separated devices in accordance with the Convention on Cybercrime. Next, it was reviewed to create a new rule on the grounds for compulsory measures in the investigation and to ensure the effectiveness of the order to submit. Lastly, it was pointed out that a fundamental change in the jurisprudence of Criminal Procedure is necessary by reflecting the characteristics of digital information and virtual space.