Tag: Encrochat
Judgments
Use of SKY ECC encripted messagging under Italian law (Cass. 13535/24)Usability of encrypted content gatherend aboraid and transmitted throug an EIO depends ont how the foreign authority had acquired the conversations, since under Italian criminal procedure, usability of content of ECC / Encrochat encrypted messaging is not always a "documentary evidence" which can be used whithout any restriction.
Judgments
Legality check of SKY-ECC evidence is mandatory (ITA Supreme Court 44154/23)Acquisition wuth an European investigation order EIO: national judge of the executing state must check admissibility and use of the evidence.
Judgments
Italian criminal procedure allows Encrochat and Sky-Ecc encrypted messaging without algorithm (Cass. 23999/23)
When the material acquired with a European investigation order has been the subject of a decryption activity by the judicial authority of another member state, the unencrypted computer data, obtained…
Judgments
Due process requires transparency of evidence gathering in SKY ECC proceeding (Cass, 32915/22)Sky ECC messaging can be used in Court only if its acquisition is transparent.