practical benefit. Therefore, the Complainant’s claim challenging the
constitutionality of the Interception at Issue is non-justiciable.
3. Regarding the Provision at Issue
Interception of Internet lines is conducted through packet interception,
through which data packets in the form of electrical signals travelling
over Internet lines are captured and reassembled and the content thereof
becomes accessible. This form of interception thereby restricts the
secrecy and freedom of private life as well as communications.
Given the widespread use of the Internet in our daily lives, there is a
need to permit the interception of telecommunications made through the
Internet for preventing crimes that endanger national security, the public
safety, or the safety of property, life, and limb of all citizens; or for
investigating crimes that have already occurred. Thus, the Court
recognizes that the Provision at Issue serves a legitimate legislative
purpose and uses appropriate means.
Interception of Internet lines allows State investigative agencies to gain
access to data pertaining to personal communications and the intimate
realm of individual privacy. Therefore, legislative safeguards aimed at
preventing the abuse of power and minimizing the interferences with the
fundamental rights by State investigative agencies are required not only
at the stage when the court grants permission for communication
-restriction measures, but also at later stages, including during and after
the execution thereof.
Article 5 of the Act at Issue stipulates that the communication
-restriction measures shall be allowed only “when there is substantial
ground to suspect that…crimes are being planned or committed or have
been committed” and only as a last resort. In addition, Article 6 of the
Act at Issue provides that the court shall grant permission only for an
interception that targets the Internet line used by a specific suspect or
person under investigation, to the extent necessary to investigate the
crimes committed by the said persons.
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