Legal considerations for using open source intelligence in the context of cybercrime and cyberterrorism

Abstract

The aim of this chapter is to raise awareness of some of the legal issues around open source investigations of cybercrime and cyberterrorism. The issues raised relate to different stages of the investigation process and highlight instances within each where various types of legislation may affect the activities carried out, or the progress of a case. Rather than attempt to provide an in-depth legal analysis, the author uses UK and European law to illustrate difficulties that may be encountered or factors that may need to be considered in this particular type of investigation. General issues of data protection and human rights are outlined and addressed and more specific topics such as lawful actions, disclosure and digital evidence are explored. The chapter also considers the reasons behind the legal issues and suggests some ways that problems may be overcome.