IV. Mosaics of a Digital Criminal Procedure

According to van Wysenberghe(39), two more types of black boxes should be discussed, in addition to the technical black-box concept. The first concept relates to the complexity of the technology, making it difficult for average users to understand how they operate, therefore precluding their ability to make informed choices, if they are even informed about what choices they may have at all. Usually, there is a power imbalance between the individuals under surveillance and the law enforcement bodies carrying out the surveillance. The second black-box concept concerns the behaviour of the institutions, who for whatever reason, may prefer to withhold information on how their systems oper-