Section I HIPCAR – Cybercrime/e-Crimes 3. CARICOM/CARIFORUM COUNTRIES SHALL DEVELOP EFFECTIVE BUT BALANCED PROCEDURAL INSTRUMENTS THAT ENABLE COMPETENT AUTHORITIES TO INVESTIGATE CYBERCRIME BUT PROTECT THE RIGHTS OF THE SUSPECT. • The procedural instruments should not interfere with the internationally as well as regionally accepted fundamental rights of the suspect. • There should be a provision enabling competent authorities to order the expedited preservation of computer data. • There should be a provision enabling competent authorities to order the partial disclosure of preserved computer data. • There should be a provision enabling competent authorities to order the production of computer data. • There should be a provision enabling competent authorities to use specific search and seizure instruments related to digital evidence and computer technology. The law shall regulate search and seizure proceedings in a way to avoid the collection of evidence being questioned as not having been certified and produced as material evidence of the data collected and of the existing digital environment. • There should be a provision enabling competent authorities to order the lawful collection of traffic data and the lawful interception of content data. • Limited to cases of serious crime there should be a provision enabling competent authorities to make use of sophisticated investigation instruments such as the use of key-loggers and remote forensic software to collect passwords used by a suspect of such crime or identify the connection used by a suspect. 4. CARICOM/CARIFORUM COUNTRIES SHALL DEVELOP INSTRUMENTS FOR TRANSNATIONAL COOPERATION IN CYBERCRIME INVESTIGATIONS • The framework for international cooperation should reflect international standards of cooperation as well as the specific needs with regard to Cybercrime investigation. • The framework should include the creation of a designated 24/7 point of contact for requests. • The framework should enable the use of expedited means of communication (such as email and fax). 5. CARICOM/CARIFORUM COUNTRIES SHALL DEVELOP A FRAMEWORK REGULATING THE RESPONSIBILITY OF INTERNET SERVICE PROVIDERS • If liability exists, then the framework should limit the criminal responsibility of Access Provider with regard to offences committed by users of their service if the provider did not initiate the transmission, did not select the receiver and did not modify the information contained in the transmission. • If liability exists, then the framework should limit the criminal responsibility of Caching provider for automatic, intermediate and temporary storage of information. • If liability exists, then the framework should limit the criminal responsibility of Hosting provider if the provider has no actual knowledge about the existence of illegal data or immediately removes them upon obtaining such knowledge. > Model Policy Guidelines & Legislative Text 13