10 \ Model Law on Computer and Computer Related Crime
Part III
Procedural Powers
Definitions for this Part
NOTE: As most jurisdictions already have legislative or common law search powers, the
purpose of sections 11 and 12 is to illustrate the amendments necessary to existing
powers to ensure that such powers include search and seizure in relation to computer
systems and computer data.
The example given is of necessary amendments to a sample general search warrant
provision but similar amendments would need to be made to all search powers, including
powers of search on arrest, search without warrant in exigent circumstances, and plain
view seizures
The general search warrant provision is provided for illustration and is not intended as
a comprehensive model of general search powers. Some options have been included
also where there may be differing standards as between countries. These options are
bracketed in italics.
11. In this Part:
“thing” includes:
(a) a computer system or part of a computer system;
(b) another computer system, if:
i.
computer data from that computer system is available to the first
computer system being searched;
ii.
there are reasonable grounds for believing that the computer data
sought is stored in the other computer system; and
(c) a computer data storage medium.
“seize” includes:
(a) make and retain a copy of computer data, including by using on-site
equipment;
(b) render inaccessible, or remove, computer data in the accessed computer
system; and
(c) take a printout of output of computer data.
Search and seizure warrants
12. (1)
If a magistrate is satisfied on the basis of [information on oath] [affidavit]
that there are reasonable grounds [to suspect] [to believe] that there may
be in a place a thing or computer data:
(a) that may be material as evidence in proving an offence; or
(b) that has been acquired by a person as a result of an offence;
the magistrate [may] [shall] issue a warrant authorising a [law enforcement]
[police] officer, with such assistance as may be necessary, to enter the
place to search and seize the thing or computer data.
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