The problem with new technologies remains identical as with the old ones: how do we ensure that police does not misuse them? Traditional way is obtaining a warrant, which often (but not always) mean going before the judge. Loopholes do not serve the public interest; first because the evidence may be discarded by the judge because obtained unfairly (on HR principles); second because the only barrier or difference between the goodies and the badies is playing or not by the rules: not to play by the rules is ultimately to abandon the very values sought to be protected.
"GPS Device Data Increasingly Being Used By Police To Determine Where You Were" (3 September 2008)
"German Authorities Raiding Homes To Find Skype Tapping Whistleblower" (18 September 2008)
or the troublesome FBI view on searches "FBI Asks Congress To Ignore The Whole 'Probable Cause' Part Of The 4th Amendment" (22 August 2008) and "DHS: Laptop Border Searches Are Bad... Except When We Do It" (17 September 2008)and our previous posthttp://cybercrimeatessex.blogspot.com/2008/07/cyber-investigations-and-human-rights.html (13 July 2008)