A warrant requirement for seizing smartphones We argue that seizing a smartphone always interferes with the right to privacy in a serious manner and should require a warrant from a judge. Jan-Jaap Oerlemans • November 03, 2017
Oversight of hacking power and take down order The Dutch Computer Crime Act III brings with it far-reaching powers for law enforcement authorities, such as the power to hack computers and take down websites. More oversight is required to check the lawful application of these instruments. Jan-Jaap Oerlemans • October 12, 2017
Investigating Cybercrime In this blog post, the main results of the dissertation ‘Investigating Cybercrime’ are presented. Jan-Jaap Oerlemans • January 11, 2017 • 1 comment
A call to make a guideline for online investigations accessible A public policy on the gathering of publicly available online information does not exist. Such a policy should be made available in order create an accessible and foreseeable legal basis for the application of this investigative method. Jan-Jaap Oerlemans • December 01, 2016
Criminal procedure and the digital revolution Recently, ambitious plans were published to amend criminal procedure law and take into account the influence of ICT on police work. However, are the consequences of ICT for criminal procedure fully appreciated in the proposal? Jan-Jaap Oerlemans • October 08, 2015
A warrant requirement for analysing data stored on smartphones? The analysis of data stored on smartphones constitutes a severe infringement to the right to privacy. Is then a warrant requirement the only adequate safeguard to protect against arbitrary governmental abuse? Jan-Jaap Oerlemans • May 28, 2015 • 2 comments
Hacking without a legal basis In a letter to the Dutch parliament, the Dutch Minister of Security and Justice states that hacking is allowed as an investigation method for law enforcement authorities. This is highly debatable interpretation of the law that deserves a critical review. Jan-Jaap Oerlemans • October 30, 2014 • 1 comment
Reforming the legal regime for search and seizure of computer data Currently, there are no clear limits on the analysis of data on computers in criminal investigations. Limits for data analysis may be desirable considering the privacy infringement that occurs when information on computers is seized and analysed. Jan-Jaap Oerlemans • June 19, 2014
Leaving out notification requirements for data collection orders? Do you know what data is retained by telecommunication providers? How does that affect your privacy? This blog will provide you with a more concrete picture of how the retention of location data by telecom providers effects your privacy. Jan-Jaap Oerlemans • October 17, 2013