A_Global_Protocol_on_Cybersecurity_and_Cybercrime.pdf

The target computer or carry out remote search

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the target computer, or carry out remote search procedures, or the recording of Voice over IP (VoIP) services. But a trojan that transmits data may also risk of exposing the attacker. 27 3) Data retention Data retention refers to the storage of Internet traffic and transaction data, usually of telecommunications, emails, and websites visited. The purpose for data retention is traffic data analysis and mass surveillance of data, in order to avoid problems of getting access to traffic data before they are deleted. 28 The European Union adopted in 2006 a Directive on the retention of data. 29 The data must be available to law enforcement for the purpose of the investigation, detection and prosecution of serious crime, as defined by each Member State. The Directive re- quires that communications providers must retain, for a period of between six months and two years, necessary data as specified in the Directive in order x to trace and identify the source of a communication x to trace and identify the destination of a communication x to identify the date, time and duration of a communication x to identify the type of communication x to identify the communication device x to identify the location of mobile communication equipment 27 See Marco Gercke: ITU Global Strategic Report 1.7.9 28 See Marco Gercke: ITU Global Strategic Report 1.7.10 29 Directive 2006/24/EC of the European Parliament and of the Council of March 15, 2006, on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC
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54 Human rights organizations around Europe have strongly objected to this Directive on data retention. Article 3: Measures against Terrorist misuse or use of Internet Commentary: 1) Introduction Terrorism has been used to describe criminal conducts long before the computer communication and network technology was introduced. International organizations have been involved in the prevention of such acts for a long period, but the global soci- ety has not yet been able to agree upon a universal definition on terrorism. In the final conference on preparing for the establishment of an international criminal court, 30 other serious crimes such as terrorism were discussed, but the conference regretted that no generally acceptable definition could be agreed upon. In Europe, a Council of Europe treaty “The European Convention on the Suppres- sion of Terrorism” was adopted in 1977 as a multilateral treaty. The treaty was in 2005 supplemented by the Council of Europe Convention on the Prevention of Terrorism. 31 In this convention a terrorist offence is merely defined as meaning any of the offences as defined in an attached list of 10 treaties in the Appendix. But the purpose or intent of a terrorism offence is described in the convention as: "by their nature or context to seriously intimidate a population or unduly compel a
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