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.These service providers may be well placed to assist in the col-lection of communications data or to disclose such data, as may be appropriate,174 infurtherance of a specific investigation by law enforcement, criminal justice and intelli-gence agencies into potential terrorist activity.Communications data held by ISPs mayconstitute key evidence against perpetrators of Internet-related crime, or may providelinks to additional evidence or collaborators relevant to the investigation.173Conway,  Terrorism and Internet governance: core issues , p.26.174Subject to applicable safeguards and privacy regulations.123 THE USE OF THE INTERNET FOR TERRORIST PURPOSES405.For example, ISPs may require users to provide identifying information prior toaccessing Internet content and services.The collection and preservation of identifyinginformation associated with Internet data, and the disclosure of such information, sub-ject to the appropriate safeguards, could significantly assist investigative and prosecu-torial proceedings.In particular, requiring registration for the use of Wi-Fi networks orcybercafes could provide an important data source for criminal investigations.Whilesome countries, such as Egypt, have implemented legislation requiring ISPs to identifyusers before allowing them Internet access, similar measures may be undertaken byISPs on a voluntary basis.(a) Cooperation with Government authorities406.Given the sensitivities associated with terrorist-related cases, private sector stake-holders may be incentivized to cooperate with law enforcement authorities by the posi-tive reputational impact of such cooperation, when appropriately balanced with duecare to respect fundamental human rights, such as freedom of expression, respect forprivate life, home and correspondence, and the right to data protection.The avoidanceof detrimental consequences arising out of a failure to cooperate may also be a moti-vating factor.For example, ISPs may cooperate out of concern regarding the possiblenegative connotations of being associated with supporting terrorist activity.Liabilityconcerns associated with hosting certain types of Internet content may also influencethe level of cooperation from private sector entities.407.The Egyptian expert indicated that the national experience of Egypt reflected acooperative response by relevant private sector stakeholders to reasonable requests fromgovernmental authorities for the disruption of access to terrorism-related Internet con-tent.Additionally, ISPs in Egypt were reportedly motivated to collaborate, in part, bythe recognition of the alignment of the interests of the ISPs, which could themselvesbe the subject of a terrorist attack, and governmental authorities, which sought to pre-vent and prosecute such acts of terrorism.408.While private sector actors may demonstrate a willingness to voluntarily removeunlawful content, they may also be compelled to do so pursuant to domestic legislation.For example, in the United Kingdom, section 3 of the Terrorism Act 2006 providesfor  take-down notices, which may be issued to ISPs by law enforcement authorities(see para.172 ff above).Take-down notices are used to advise those hosting contentthat such material is deemed to be unlawfully terrorism-related, in the opinion of thelaw enforcement official.ISPs that have been issued a take-down notice are requiredto remove the terrorist-related content within two working days.While other jurisdic-tions also employ take-down notices for certain offences, this is more commonly appliedin connection with cases of copyright infringement or sexually explicit content.409.The State of Israel highlighted its successes in relation to the cooperation offoreign private sector representatives in Israel.For example, in several investigationsinvolving computer crimes, requests were made to representatives of Microsoft andGoogle in Israel.Upon receipt of a duly served court order, information requested bythe investigative authorities was immediately provided.In some cases in which it was124 CHAPTER VII.PRIVATE SECTOR COOPERATIONnecessary to address requests to private sector representatives based in the United States,the formal process of requesting legal assistance via governmental authorities was typi-cally employed, with occasional resort being successfully made to direct requests toforeign private sector corporations for identification data [ Pobierz całość w formacie PDF ]

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