(6) The authorisation to install the tool includes remotely accessing the
suspect’s computer system.
(7) If the installation process requires physical access to a place, the
requirements of section 24 need to be fulfilled.
(8) If necessary a police officer may, pursuant to the order granted in (1)
above, request that the Court order an Internet service provider to
support the installation process.
PART 4 – LIABILITY
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Access provider
(1) An Access provider is not criminally liable for providing access and
transmitting information on conditions that the provider:
(a) does not initiate the transmission;
(b) does not select the receiver of the transmission; or
(c) does not select or modify the information contained in the
transmission.
(2) The acts of transmission and of provision of access referred to in
subsection (1) include the automatic, intermediate and transient storage
of the information transmitted in so far as this takes place for the sole
purpose of carrying out the transmission in the communication network,
and provided that the information is not stored for any period longer than
is necessary for the transmission.
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Hosting provider
(1) A Hosting provider is not criminally liable for the information stored at the
request of a user of a service, on the condition that:
(a) the Hosting provider expeditiously removes or disables access to the
information after receiving an order from any public authority or court
of law to remove specific illegal information; or
(b) the Hosting provider, upon obtaining knowledge or awareness about
specific illegal information stored by ways other than by an order
from a public authority, expeditiously informs a public authority to
enable them to evaluate the nature of the information and if
necessary issue an order to remove the content.
(2) Subsection (1) shall not apply when the user of the service is acting
under the authority or the control of the Hosting provider.
(3) If the Hosting provider is removing the content after receiving an order
pursuant to subsection (1), he is exempted from contractual obligations
with his customer to ensure the availability of the service.
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