Section II
HIPCAR – Cybercrime/e-Crimes
a.
the technical mean used and time and date of the application; and
b.
the identification of the computer system and details of the
modifications undertaken within the investigation;
c.
any information obtained.
Information obtained by the use of such software need to be protected again
any modification, unauthorized deletion and unauthorized access.
(3) The duration of authorization in section 27 (1) is limited to [3 months]. If
the conditions of the authorization is no longer met, the action taken are to
stop immediately.
(4) The authorization to install the software includes remotely accessing the
suspects computer system.
(5) If the installation process requires physical access to a place the
requirements of section 20 need to be fulfilled.
(6) If necessary a [law enforcement] [police] officer may pursuant to the order
of court granted in (1) above request that the court order an internet service
provider to support the installation process.
(7) [List of offences].
(8) A country may decide not to implement section 27.
PART V – LIABILITY
No
Monitoring
Obligation
28.
Internet service providers do not have a general obligation to monitor the
information which they transmit or store on behalf of another, nor do they
have a general obligation to actively seek facts or circumstances indicating
illegal activity to avoid criminal liability. This provision does not affect the
possibility for a court or administrative authority to require an internet
provider to terminate or prevent an infringement based on any law enacted
by Parliament within [territory].
Access
Provider
29.
(1) An access provider is not criminally liable for providing access and
transmitting information on condition 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
paragraph 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 reasonably
necessary for the transmission.
26
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