Some Aspects of the Implementation of the Procedural Law Section of the Convention on Cybercrime in Lithuania
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Abstract
The main purpose of the article – to analyze legal problems related to the implementation of the Convention`s of Cybercrime Procedural Law Section in Lithuania. The developments of cyberspace have given rise to an unprecedent economic and social changes, but they also have the other side: the emergence of new forms of crimes. Besides legal problems, related to criminalisation of illegal acts in cyberspace, emerge procedural problems, such as extention of search. The present work deals with main procedural law problems, raleted to cybercrime in the light of implementation of Convention on cybercrime.
In the first part the provisions related to production order are studied. According to Article 18 of the Convention, Each Party shall adopt such legislative and other measures as may be necessary to empower its competent authorities to order: a person in its territory to submit specified computer data in that person’s possession or control, which is stored in a computer system or a computer-data storage medium; and a service provider offering its services in the territory of the Party to submit subscriber information relating to such services in that service provider’s possession or control. The implementation of this legal norms is discussed.
In the second part the procedural norms related to search and seizure of computer data are studied. The main question arise – the extension of search according the Code of Criminal Procedure of the Republic of Lithuania. According to the authors of the article, the norms regarding extention of the search should be implemented in the Code of Criminal Procedure of the Republic of Lithuania.
In the third part the real tim collection of computer data are studied. The line drawn between traffic data (who someone calls, when, for how long) and communications data (the content of the telephone call) is drawn from the telephone infrastructure. Adapting this to the Internet in particular is quite different, if at all possible. Is communications the content of packets? Is traffic data just the packet headers? Or is traffic data clickstreams, or http-requests? A possible step forward would be to define the notion of communication.
At the end of the present work the conclusions are presented.
In the first part the provisions related to production order are studied. According to Article 18 of the Convention, Each Party shall adopt such legislative and other measures as may be necessary to empower its competent authorities to order: a person in its territory to submit specified computer data in that person’s possession or control, which is stored in a computer system or a computer-data storage medium; and a service provider offering its services in the territory of the Party to submit subscriber information relating to such services in that service provider’s possession or control. The implementation of this legal norms is discussed.
In the second part the procedural norms related to search and seizure of computer data are studied. The main question arise – the extension of search according the Code of Criminal Procedure of the Republic of Lithuania. According to the authors of the article, the norms regarding extention of the search should be implemented in the Code of Criminal Procedure of the Republic of Lithuania.
In the third part the real tim collection of computer data are studied. The line drawn between traffic data (who someone calls, when, for how long) and communications data (the content of the telephone call) is drawn from the telephone infrastructure. Adapting this to the Internet in particular is quite different, if at all possible. Is communications the content of packets? Is traffic data just the packet headers? Or is traffic data clickstreams, or http-requests? A possible step forward would be to define the notion of communication.
At the end of the present work the conclusions are presented.
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Please see Copyright and Licence Agreement for further details.
