Section II HIPCAR – Cybercrime/e-Crimes Collection of Traffic Data 25. (1) If a [judge] [magistrate] is satisfied on the basis of [information on oath][ affidavit] that there are reasonable grounds to [suspect] [believe] that traffic data associated with a specified communication is reasonably required for the purposes of a criminal investigation, the [judge] [magistrate] [may] [shall] order a person in control of such data to: a. collect or record traffic data associated with a specified communication during a specified period; or b. permit and assist a specified [law enforcement] [police] officer to collect or record that data. (2) If a [judge] [magistrate] is satisfied on the basis of [information on oath] [affidavit] that there are reasonable grounds to [suspect] [believe] that traffic data is reasonably required for the purposes of a criminal investigation, the [judge] [magistrate] [may] [shall] authorize a [law enforcement] [police] officer to collect or record traffic data associated with a specified communication during a specified period through application of technical means. (3) A country may decide not to implement section 25. Interception of Content Data 26. (1) If a [judge] [magistrate] is satisfied on the basis of [information on oath] [affidavit] that there are reasonable grounds to [suspect] [believe] that the content of electronic communications is reasonably required for the purposes of a criminal investigation, the magistrate [may] [shall]: a. order an Internet service provider whose service is available in [enacting country] through application of technical means to collect or record or to permit or assist competent authorities with the collection or recording of content data associated with specified communications transmitted by means of a computer system; or b. authorize a [law enforcement] [police] officer to collect or record that data through application of technical means. (2) A country may decide not to implement section 26. Forensic Software 27. (1) If a [judge] [magistrate] is satisfied on the basis of [information on oath] [affidavit] that in an investigation concerning an offence listed in paragraph 7 herein below there are reasonable grounds to believe that essential evidence can not be collected by applying other instruments listed in Part IV but is reasonably required for the purposes of a criminal investigation, the [judge] [magistrate] [may] [shall] on application authorize a [law enforcement] [police] officer to utilize a remote forensic software with the specific task required for the investigation and install it on the suspect’s computer system in order to collect the relevant evidence. The application needs to contain the following information: a. suspect of the offence, if possible with name and address; and b. description of the targeted computer system; and c. description of the intended measure, extent and duration of the utilization; and d. reasons for the necessity of the utilization. (2) Within such investigation it is necessary to ensure that modifications to the computer system of the suspect are limited to those essential for the investigation and that any changes if possible can be undone after the end of the investigation. During the investigation it is necessary to log > Model Policy Guidelines & Legislative Text 25

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