12 \ Model Law on Computer and Computer Related Crime
i.
the investigation in connection with which the search was carried out;
ii.
another ongoing investigation; or
iii. any criminal proceedings that are pending or that may be brought in
relation to any of those investigations.
Production of data
15. If a magistrate is satisfied on the basis of an application by a police officer that
specified computer data, or a printout or other information, is reasonably
required for the purpose of a criminal investigation or criminal proceedings, the
magistrate may order that:
(a) a person in the territory of [enacting country] in control of a computer
system produce from the system specified computer data or a printout or
other intelligible output of that data; and
(b) an internet service provider in [enacting country] produce information about
persons who subscribe to or otherwise use the service; and
(c) [a person in the territory of [enacting country] who has access to a specified
computer system process and compile specified computer data from the
system and give it to a specified person.]
NOTE: As noted in the expert group report, in some countries it may be necessary to
apply the same standard for production orders as is used for a search warrant because of
the nature of the material that may be produced. In other countries it may be sufficient
to employ a lower standard because the production process is less invasive than the
search process.
NOTE: Countries may wish to consider whether subparagraph c is appropriate for
inclusion in domestic law because while it may be of great practical use, it requires
the processing and compilation of data by court order, which may not be suitable for
some jurisdictions.
Disclosure of stored traffic data
Option 1
16. If a police officer is satisfied that data stored in a computer system is reasonably
required for the purposes of a criminal investigation, the police officer may,
by written notice given to a person in control of the computer system, require
the person to disclose sufficient traffic data about a specified communication
to identify:
a)
the service providers; and
b)
the path through which the communication was transmitted.
Option 2
16. If a magistrate is satisfied on the basis of an ex parte application by a police
officer that specified data stored in a computer system is reasonably required
for the purpose of a criminal investigation or criminal proceedings, the
magistrate may order that a person in control of the computer system disclose
sufficient traffic data about a specified communication to identify:
(a) the service providers; and
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