When the state is the hacker: A study case of Operación Huracán

Abstract

The paper analyzes the legality of hacking operations carried out by the Dirección de Inteligencia de Carabineros de Chile (Dipolcar) during the controversial "Operación Huracán". In order to achieve this objective, a brief description of the tools and techniques that could eventually allow access to communications from applications such as Whatsapp and Telegram is offered. Also, the paper analyzes the pertinent articles of the Criminal Procedure Code and Law 19,974 in order to assess whether these bodies enable State agencies to access computer systems, infect devices with malware and use phishing techniques. Finally, brief recommendations are offered with the hope that future legal modification can adequate our legal bodies to international human rights standards.