The use of anti-forensic measures and means of communication, such as VoIP communications, by criminals, makes criminal investigation extremely difficult. Therefore, the authorities must use means that can counteract these difficulties....
moreThe use of anti-forensic measures and means of communication, such as VoIP
communications, by criminals, makes criminal investigation extremely difficult.
Therefore, the authorities must use means that can counteract these difficulties. One of
these means is the surreptitious installation of computer programs that permit to
infiltrate computer systems in order to obtain information that is relevant to the
investigation (benware). Portuguese law does not expressly provide for the use of
benware. There is only an implicit reference to the use of benware in art. 19, no. 2, of
Law no. 109/2009. Nevertheless, the use of benware is admissible under Portuguese
Law, although it is preferable that the legislator expressly provides for this possibility
in the Law
