The use of software as a tool for the interception of communications

Abstract

This article makes a study on the legality of the use of software as a tool for communications surveillance, studying the new interception programs known as interception software, malware or spyware. These are questioned due to the lack of a clear law that allows their use by some State authorities that perform judicial investigation and intelligence functions. It also analyzes mechanisms in law for the legal use of such software, the voices against its use and why the authorities are at a disadvantage with respect to obtaining information if we take into account the new forms of communication used by organized crime.