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Use of Telephone and Internet Taps in Criminal Investigations

NCJ Number
G. Odinot; D. de Jong; J.B.J. van der Leij; C.J. de Poot; E.K. van Straalen
Date Published
306 pages
This study of the use of telephone and Internet taps in criminal investigations in the Netherlands consideres how often, why, and when criminal investigators use the telephone and Internet tap, how long the tapping lasts, and the kind of information it yields.
After stating the study's objectives, part 1 of this report discusses the telephone and Internet market; part 2 reviews the regulation of tapping in the Netherlands under the Special Investigative Powers Act. This law provides that tapping is warranted only when there is a reasonable suspicion that a crime has been committed or that crimes are being plotted or committed within an organized association that would result in a serious violation of the law. Under the law, the tap is viewed as one of the most extreme powers of investigation. Part 3 describes the procedures that must be followed in order for an investigative authority to obtain a tap for a specific phone or computer. Part 4 defines the statistics on telephone taps that are presented annually. Part 5 focuses on Internet tapping. It notes that the number of Internet taps installed annually during criminal investigations is modest compared to the number of telephone taps used; however, experts believe that the application of this investigative means will increase considerably. Part VI compares Dutch legislation and regulations for tapping with that of three other European countries: England and Wales, Sweden, and Germany. 118 references