ETS 185 – Cybercrime (Convention), 23.XI.2001
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Article 17 – Expedited preservation and partial disclosure of traffic data
1
2
Each Party shall adopt, in respect of traffic data that is to be preserved under Article 16, such
legislative and other measures as may be necessary to:
a
ensure that such expeditious preservation of traffic data is available regardless of
whether one or more service providers were involved in the transmission of that
communication; and
b
ensure the expeditious disclosure to the Party’s competent authority, or a person
designated by that authority, of a sufficient amount of traffic data to enable the Party to
identify the service providers and the path through which the communication was
transmitted.
The powers and procedures referred to in this article shall be subject to Articles 14 and 15.
Title 3 – Production order
Article 18 – Production order
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Each Party shall adopt such legislative and other measures as may be necessary to empower
its competent authorities to order:
a
a person in its territory to submit specified computer data in that person’s possession or
control, which is stored in a computer system or a computer-data storage medium; and
b
a service provider offering its services in the territory of the Party to submit subscriber
information relating to such services in that service provider’s possession or control.
2
The powers and procedures referred to in this article shall be subject to Articles 14 and 15.
3
For the purpose of this article, the term “subscriber information” means any information
contained in the form of computer data or any other form that is held by a service provider,
relating to subscribers of its services other than traffic or content data and by which can be
established:
a
the type of communication service used, the technical provisions taken thereto and the
period of service;
b
the subscriber’s identity, postal or geographic address, telephone and other access
number, billing and payment information, available on the basis of the service agreement
or arrangement;
c
any other information on the site of the installation of communication equipment,
available on the basis of the service agreement or arrangement.
Title 4 – Search and seizure of stored computer data
Article 19 – Search and seizure of stored computer data
1
Each Party shall adopt such legislative and other measures as may be necessary to empower
its competent authorities to search or similarly access:
a
a computer system or part of it and computer data stored therein; and
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