Base de données sur la législation

 

Texte original

SEC. 12. Real-Time Collection of Traffic Data. —

Law enforcement authorities, with due cause, shall be

authorized to collect or record by technical or electronic means traffic data in real-time associated with

specified communications transmitted by means of a computer system.

Traffic data refer only to the communication’s origin, destination, route, time, date, size, duration, or type of

underlying service, but not content, nor identities.

All other data to be collected or seized or disclosed will require a court warrant.

Service providers are required to cooperate and assist law enforcement authorities in the collection or

recording of the above-stated information.

The court warrant required under this section shall only be issued or granted upon written application and

the examination under oath or affirmation of the applicant and the witnesses he may produce and the

showing: (1) that there are reasonable grounds to believe that any of the crimes enumerated hereinabove has

been committed, or is being committed, or is about to be committed: (2) that there are reasonable grounds

to believe that evidence that will be obtained is essential to the conviction of any person for, or to the

solution of, or to the prevention of, any such crimes; and (3) that there are no other means readily available

for obtaining such evidence.

 
 

Questions transversales

  • Poursuites judiciaires, jugement et sanctions

    • Questions liées aux jugements et aux condamnations

      • • Preuve (Règle de)
      • • Preuve électronique/preuve numérique
 

Pièces jointes/annexes