Production Order in Georgian Legislation and its compliance with the Convention on Cybercrime
DOI:
https://doi.org/10.48614/jlaw.1.2022.4947Keywords:
Computer system, computer data, digital evidence, electronic evidence.Abstract
The letter addresses a topical issue such as Production Order in Georgian legislation and its compliance with the Convention on Cybercrime. The investigative action is considerable for obtaining content or traffic data, including subscriber data, etc. A well-established national legal framework that is in line with International Law is crucial. Thus, the paper aims to consider the compliance of Article 136 of GECPC with the Budapest Convention, to expose any inaccuracies and thoroughly analyze them.
References
Criminal Procedure Code of Georgia, LHG, 09/10/2009.
Law on Electronic Communications, LHG, 02/06/2005.
Telecommunications Act (TKG), 06/22/2004.
Telecommunications Act 2003, 19.08.2003.
Convention on Cybercrime, Budapest, 23.11.2001.
Explanatory Report to the Convention on Cybercrime, European Treaty Series – No.185, 23/11/2001.
German Code of Criminal Procedure, 07/04/1987.
Criminal Procedure Code of Austria, 30.12.1975.
Arnes A. (ed.), Forensic Science, Digital Forensics, Norway, 2018, 1.
Casey E., Foundations of Digital Forensics, Digital Evidence and Computer Crime, 3rd ed., USA, 2011, 3-5, 29.
Dragicevic D., Juric M., Article-15 – Safeguards in the Eastern Partnership region, Council of Europe, 2013, 11, 38, 44.
Flaglien O. A., The Digital Forensics Process, Digital Forensics, Arnes A. (ed.), Norway, 2018, 13.
Kerr S.O., Searches and Seizures in Digital World, Harvard Law Review, Vol. 119, USA, 2006, 1.
Marion L., Degani M., Making the Most of Your Statutory Electronic Evidence Toolbox, Donovan J. (ed.), Cyber Misbehavior, USA, 2016, 58-60.
Schwerha J.J, Law Enforcement Challenges in Transborder Acquisition of Electronic Evidence from “Cloud Computing Providers” France, 2010, 4.
Sunde M. I., Cybercrime Law, Digital Forensics, Arnes A. (ed.), Norway, 2018, 95, 99, 100-102.
Conditions and Safeguards under Article 15 of the Convention on Cybercrime in the Eastern Partnership, Council of Europe, 2018, 9, 44.
https://rm.coe.int/conditions-and-safeguards-under-article-15-of-the-convention-on-cyberc/16808f1e39 [08.03.22].
Cybercrime Strategies, Procedural Powers and Specialized institutions in the Eastern Partnership Region – State of Play, Council of Europe, Bucharest, 2017, 18.
General Report on mapping the current strengths, weaknesses, opportunities and risks of public/private cooperation on cybercrime in the Eastern Partnership, Council of Europe, Cybercrime EAP, 2017, 7, 8, 13, https://rm.coe.int/general-report-on-mapping-the-current-strengths-weaknesses-opportuniti/16808f1e1b [08.03.22].
The Internet Organised Crime Threat Assessment (IOCTA), Europol, 2015, 29 ttps://www.europol.europa.eu/iocta/2015/resources/iocta-2015.pdf [08.03.22].
Rules on Obtaining Subscriber Information, Adopted by T-CY at its 12th Plenary, France, 2014, 16-18, https://rm.coe.int/16802e7ad1 [08.03.22].
The Decision of the Investigative Collegium of the Tbilisi Court of Appeals of May 6, 2020, №1g/633-20 (in Georgian).
The Decision of the Investigative Collegium of the Tbilisi Court of Appeals of February 28, 2020, №1g/363-20 (in Georgian).
The Decision of the Investigative Collegium of the Tbilisi Court of Appeals of December 26, 2019, №1g/2133-19 (in Georgian).
The Decision of the Investigative Collegium of the Tbilisi Court of Appeals of December 25, 2019, №1g/2110-19 (in Georgian).
The Decision of the Constitutional Court of Georgia of January 27, 2017, on the case of Nadia Khurtsidze and Dimitri Lomidze v. Parliament of Georgia, №1/1/650,699 (in Georgian).
The Decision of the Investigative Collegium of the Tbilisi Court of Appeals of October 20, 2016, №1g/1614-16 (in Georgian).
United States of America v. Kim Dotcom, (2012), US, №1:12CR3.
K. U. v. Finland, [2009], ECHR, №2872/02.
Downloads
Published
How to Cite
Issue
Section
License
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.