Criminalistic and Legal Challenges of Electronic Communications Surveillance in the Era of Encrypted Platforms

Abstract

The contemporary development of information and communication technologies has led to significant changes in the manner of interpersonal communication, while simultaneously transforming the methods of committing and concealing criminal offences. Encrypted communication platforms and modern forms of digital communication represent a particular challenge for law enforcement agencies, as they enable criminal groups to achieve a high level of anonymity, security, and resistance to detection. The use of applications such as SKY ECC, ANOM, Signal, and similar systems, as well as temporary communication methods including self-destructing applications, draft communication via e-mail services, and anonymous internet services, considerably complicates the implementation of special investigative measures involving the surveillance and technical interception of telecommunications.
The subject of this paper concerns the criminalistic and legal challenges of electronic communications surveillance in the era of encrypted platforms, with a particular focus on the legality of obtaining, using, and assessing the evidentiary value of electronic evidence in criminal proceedings. The paper analyses contemporary forms of digital communication used by organized criminal groups, the technical and operational obstacles involved in detecting such communications, as well as the normative framework governing the implementation of special investigative measures in Bosnia and Herzegovina and international law.
Special attention is devoted to the admissibility of evidence obtained through international cooperation and data transferred from encrypted platforms, particularly in the context of SKY ECC and ANOM cases, as well as to the relationship between the protection of the right to privacy and the necessity of effective criminal prosecution. The paper also examines issues related to the authentication, integrity, and reliability of digital evidence, together with the challenges of digital forensics in reconstructing deleted or concealed communications.