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In recent years, communication technology is developing rapidly. The mobile phone becomes one of the devices that people highly relied on in daily time. While frequently used, people always carry the mobile phone all the time, which makes them easily traceable. In the practical application of criminal investigation, it is not overemphasized to compare the mobile phone to the body tracker. According to the positioning theory based on the mobile phone and the base station, we can detect communication location information of mobile phone users, which is considered a useful tool for criminal investigation.
In practical, besides the widespread use of communications records, M-car is also the mobile phone-related positioning measure, which is known as a magic weapon for solving crimes. Although this kind of technological investigation measures significantly enhance the efficiency of investigation and achieve criminal prosecution purposes, they also interfere with the fundamental rights of individuals unconsciously. Therefore, it is necessary to have the authorized legal basis for prosecution agencies to intervene. In Taiwan, the acquisition of communications records is currently regulated under The Communication Security and Surveillance Act. Nevertheless, the absence of legal authorization for M-Car may violate the principle of legal reservation.
In this regard, this essay suggests that technological investigation should be legalized. Furthermore, since each investigative measure may cause different interventions, the legal basis should be stipulated respectively. In addition to specific legal requirements, regulations of procedure and complementary measures are also necessary. It is expected that while pursuing the effectiveness of investigations, we should also take the protection of people's basic rights into consideration and establish a more complete legal system in the future. |