| dc.description.abstract | With the developments on technology, the Internet has changed the way human beings live. After the invention of smartphones came out, it is especially a change that influences many different aspects of life. Among them, Internet Protocol (IP address), has become the very tool to connect the Internet. Yet, when people spend more time on the Internet, the more information ISP and IPP could get from the users IP address. According to the IP address, it is getting more transparent to trace out their lifestyles. Hence, the purpose of the study is to discuss if investigation agencies retrieving IP data invade privacy or is under Principle of legal reservation.
With the development of technology, the explanation of the Fourth Amendment of the U.S. Constitution change, not only about the protection of property right and privacy, but also about whether the law enforcement under investigation agencies constitutes search change. For this, in 2018, Supreme Court of the United States first affirmed that retrieving historical cell site location information in investigation a search under the Fourth Amendment, and a search warrant issued by a judge is required because the digital footprint is revealing more privacy due to the emerging technologies and the progress of skills.
On the other hand, the explanation of Third Party Doctrine in this case also varied. There were different voices on the inference of individual’s expectations on not owning privacy on the information which is owned by the third party. Still, Supreme Court of the United States has not judged if a search warrant issued by the court is required before a IP address retrieval.
According to the existing laws in Republic of China(R.O.C), there is no specific regulation on IP address retrieval. In criminal investigations, IP address may be feasibly retrieved according to Telecommunication Act, The Code of Criminal Procedure, Computer-Processed Personal Data Protection Law, and The Communication Security and Surveillance Act by the investigation agencies. This paper suggests enhancing the Intensity of Judicial Review through Statutory reservation to effectively secure individual privacy for IP address reveals the information of locations and lifestyles. | en_US |