E-evidence
10 important questions on E-evidence
What is in the directive of 2018?
When are server provider offering in EU
when offering in the eu, enabling legal natural persons in one or more eu ms to use services and having a substantial conntection to ms.
What are safeguards? In the proposed provisoon?
- it has to be approved by judical authority in state,.
- transactional and content data epo are limited to serious crimes.
- who will be notified? individuals needs to be notifiedif their dara was requested but this is still debates.
- individuals will be ,.,,, slide
- Higher grades + faster learning
- Never study anything twice
- 100% sure, 100% understanding
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WHAT can be said about the speed of eio?
big advanced og this system is the speed. but 10 days is still to slow according to some people. You can sometimes explain why it should be shorter. Many people say it is too long for data it is a wate of time. in emercy is included is 6 maximum but this is still too long. the preservation order kan proceed the production order. reservation order seems superfluous
Can ISP refuse? Eio
no they cant it is no request it is a legal obligation. in limited number of situations it is different if the chater of human rights is violated. if there is a refusal enforcement authority in ms adresse may ask for clarificationthe referee deciding is your own ms. In the main time the data needs to be preserved.
What is a service provideR?
(b) information society services for which storage of data is defining component of service provided to the user, including social networks, online marketplaces facilitating transactions between their users, and other hosting service providers
(c) internet domain name and IP numbering services such as IP address providers, domain name registries, domain name registrars and related privacy and proxy services
What is a sustaible connection to ms?
establishment in one or more MS, or
significant number of users in MS, or
targeting of activities towards MS, determined on all relevant circumstances: use of a language or a currency generally used in MS, availability of an app in the relevant national app store, providing local advertising or advertising in language used in MS, from making use of any information originating from persons in MS in course activities, or from handling of customer relations such as by providing customer service in language generally used in MS
What is the protocol to cybercrime convention?
What is the data retention directive?
here the choice was made. the important thing is everything is kept no selection. doesnt mean they get access to everything but the meta data is there content data of communication not. the idea would be you need preservation orders.
.CJEU: EU DR Directive violated Charter FR EU (disproportionate)
(DR Directive annulled): blow
=> national DR laws some MS amended
Still DR but stricter rules access and use
CJEU Tele2 and Watson (MS national DR laws violate EU law, disproportionate exception to E-privacy directive): final blow? Stated that DR obligation is possible, but conditioned it to criteria that are impossible?
The question on the page originate from the summary of the following study material:
- A unique study and practice tool
- Never study anything twice again
- Get the grades you hope for
- 100% sure, 100% understanding
