of unconstitutionality would remove the legal grounds that allow State
investigative agencies to carry out investigations through the interception
of Internet lines, thus creating a legal vacuum in investigating grave
crimes that need to be stopped urgently or endanger the life, limb, and
property of citizens.
The unconstitutionality of the Instant Provision lies in the fact that a
provision monitoring or regulating the use of data obtained through the
interception of Internet lines does not exist despite the peculiar nature of
such interception. Thus, it is at the discretion of the legislature to
determine the details of the amendment to the current legal framework
governing such interception.
For these reasons, the Court issues a decision of nonconformity to the
Constitution for the Instant Provision in lieu of a decision of
unconstitutionality, and orders that the Instant Provision continue to be
applied until the legislature resolves its unconstitutionality and makes
reasonable amendments to the current legal framework.
Summary of Dissenting Opinion of Two Justices
The communication-restriction measures for criminal investigations,
which provide access to the content of communications, amount to direct
interference with the secrecy of communications. Thus, the Act at Issue
sets out stricter conditions for such measures than for access to
“communication confirmation data” that contains non-content information
related to communications; and also tightly regulates the use of
wiretapping equipment by State investigative agencies.
According to Article 5 Section 1 of the Act at Issue, the
communication-restriction measures may only be applied to crimes that
gravely endanger the property, or life and limb of all citizens, such as
insurrection and treason; and permitted only when it is impractical to
prevent the commission of such crimes, arrest the criminal, or collect the
evidence relating to such crimes through measures other than the
communication-restriction measures. In addition, as Article 5 Section 2
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