- Nov 2021
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learn.diplomacy.edu learn.diplomacy.edu
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disclosure of electronic evidence
The process --- The do have the process of voluntary disclosure of domain name registration data by private providers, and they provided an opportunity for the countries to opt-in for disclosure of subscriber data by direct requests to the providers, but only subscriber data. A country can opt out from this mechanism or protect certain groups of users from having their subscriber information being disclosed via direct request form abroad. As in many countries request for disclosure of data doesn't require the court approval, this is a "mild" version of direct requests. All other requests have to follow MLATs processes but the 2nd protocol is trying to speed them up, provide shorter deadlines and establish mechanisms for emergency assistance. Where the court approval is required in the national legislation in the MLAT process, there will be a need for the court approval, yes.
Source author: Tatiana Tropina tatiana.tropina@gmail.com
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