‘’Third Party Doctrine’’and ‘’Reasonable Expectation of Privacy’’ ─ The Law Enforcement's Acquisition of Non-Content Communication from Internet Service Providers.

• Main Authors: Chen,Wun-Syuan, 陳妏瑄
• Other Authors: He, Lai-Jier
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/5vqabw

碩士 === 國立政治大學 === 法律學系 === 106 === Nowadays, science and technology are making huge strides every day. The ability of collecting and analyzing data is taking shape. The value of "non-content communication " has gradually increased, which is enough to depict a complete life image of a person. Finally, it becomes the target of the law enforcement agency to collect evidence. How to balance the goal of chasing crime and defending the defendant’s privacy is the great challenge. In order to clarify the appropriateness of the Taiwan’s Communication Security and Surveillance Act about regulating non-content communication, this article discussed from the perspective of "reasonable expectation of privacy " guaranteed by Communication Security and Surveillance Act. After joining ‘’internet service providers’’ and ‘’non-content communication’’ in the issue of the law enforcement's acquisition of non-content communication from internet service providers, what new elements would be in the reasonable expectation of privacy in criminal investigation is really a difficult question. In the view of the "reasonable expectation of privacy " is not only the concept of Taiwan's legal system, but also the development of the US court practice and academics. Therefore, this article based on the foundation of American law perspective. In the case of collecting evidence through a third party, deeply influenced by the Third-Party Doctrine of the United States. This article examined the historical contex and dilemma of theoretical application of Third-Party Doctrine. Trying to correct this principle through various methodologies proposed by theory and practice. Reanalyzing and reviewing the "subjective" and "objective" aspects of "reasonable expectation of privacy " and proposing new elements for reference, thereby rethinking the legal norms of Taiwan's Communication Security and Surveillance Act about regulating non-content communication.