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
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