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http://dx.doi.org/10.13089/JKIISC.2021.31.2.197

A Study on the Permissibility of Search and Seizure of Mobile Messenger Data Using a USIM  

Kim, Min-Dong (Sungkyunkwan University)
Lee, Hyeon-Jin (Sungkyunkwan University)
Lee, Sung Jin (Sungkyunkwan University)
Lee, Yeon-Ju (Sungkyunkwan University)
Kim, Gi-Bum (Sungkyunkwan University)
Publication Information
Journal of the Korea Institute of Information Security & Cryptology / v.31, no.2, 2021 , pp. 197-209 More about this Journal
Abstract
There have been the cases in which mobile messenger data cannot be seized at the crime scene due to the damage to the smartphone or the unlocking fail of the password. Investigation authorities are trying to devise many solutions such as decryption, and securing of backup data. However, it is running up against technical limitations. So, in this study, we conducted the experiment to seize the USIM from the suspect's smartphone and insert it into the investigator's smartphone to extract the messages. The result of the experiment confirms that, while Telegram messages can be secured messages that were not deleted even if 3 days have elasped after sending it, KakaoTalk messages cannot be acquired after 3 days. But, KakaoTalk message can be secured except for selectly deleted messages for all chat room participants immediately after sending and deleting the messages. The search and seizure using a USIM is the legal considering the warrant execution procedure, not a violation of jurisdiction, and the sending and receiving data. But to minimize the abuse, the court needs to review the way of search and seizure, the data beyond the scope of the warrant should be excluded, and the receipt of messages needed to be strictly controled after the execution of warrant.
Keywords
USIM; Search and Seizure; Mobile Messenger; Mobile Forensics; Digital Evidence;
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  • Reference
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