[members-discuss] FW: NCC acting on registrations pursuant to "police order"?
Erik Bais erik at bais.name
Fri Nov 11 15:57:12 CET 2011
For those that like to read up on the Convention on Cybercrime ( Budapest - 2001 ) : http://conventions.coe.int/Treaty/Commun/QueVoulezVous.asp?NT=185&CM=8&DF=02/06/2010&CL=ENG (Overall start page for the Treaty) http://conventions.coe.int/Treaty/Commun/ChercheSig.asp?NT=185&CM=8&DF=02/06/2010&CL=ENG (status page for the international ratification per country in the EU and none-European countries) http://conventions.coe.int/Treaty/en/Treaties/Html/185.htm (actual text of the treaty) The part that I revered to in my previous email can be found under Title 2 - Article 16: --- Title 2 - Expedited preservation of stored computer data Article 16 - Expedited preservation of stored computer data 1 Each Party shall adopt such legislative and other measures as may be necessary to enable its competent authorities to order or similarly obtain the expeditious preservation of specified computer data, including traffic data, that has been stored by means of a computer system, in particular where there are grounds to believe that the computer data is particularly vulnerable to loss or modification. 2 Where a Party gives effect to paragraph 1 above by means of an order to a person to preserve specified stored computer data in the person's possession or control, the Party shall adopt such legislative and other measures as may be necessary to oblige that person to preserve and maintain the integrity of that computer data for a period of time as long as necessary, up to a maximum of ninety days, to enable the competent authorities to seek its disclosure. A Party may provide for such an order to be subsequently renewed. 3 Each Party shall adopt such legislative and other measures as may be necessary to oblige the custodian or other person who is to preserve the computer data to keep confidential the undertaking of such procedures for the period of time provided for by its domestic law. --- Regards, Erik Bais