Adopted by the T-CY at its 19th Plenary

Strasbourg, 9 July 2018

T-CY(2018)10

  [Add logo or use letter head of requesting organization if necessary]                                     

Mutual Legal Assistance Request

for subscriber information

under Article 31 Budapest Convention on Cybercrime[1]

1     date

DD/MM/YYYYY

2     reference / case number

3     request status

r  New request

r Follow up to previous MLA request (details added below)

r Follow up to previous preservation request (details added below)

4     REQUESTED AUTHORITY

5     REQUESTING Authority

Organisation

Person in charge of the request

Address

Telephone number

Cell phone number

E-mail address

Fax number

Office Hours

Time Zone

r

Response by email or other expedited means preferred

r

Response preferred by means of:


6     SHOULD ADDITIONAL confirmation FROM THE requesting authority be needed, PLEASE CONTACT:

Name:

Job Title:

Function:

Telephone number

Cell phone number

E-mail address

7     Investigative/Operational AUTHORITY in charge of the case

(if different from Requesting Authority)

Organisation

Person in charge of the case

Address

Telephone number

Cell phone number

E-mail address

Fax number

8     prosecution office or Court in charge if applicable

Prosecution office in charge and case number

Court in charge and case number

Prosecution or Court decisions related to the MLA request

9     Information on previous MLA request If applicable

Date

Ticket/reference number

Contact details of authority having requested previous MLA

Contact details of authority having responded to (or executed) previous MLA 

Communication method used to submit previous request (email address, fax number, etc)


10  Information on previous preservatiOn request If applicable

Date

Ticket/reference number

Contact details of authority having requested preservation

Contact details of authority having responded to (or executed) the preservation request

Channel for communication

11  Domestic legal basis for request IF APPLICABLE

Relevant decision by Court, Prosecution or other authorised body; or other legal basis for request

Please attach order or statutory authority



12  summary of the case

Including:

- brief description of the facts

- how the data sought is related to the investigation/offences

- purpose and necessity of request for disclosure of subscriber information

- charges pressed/list of offences (with reference to domestic legal provisions and applicable penalties)  

13  CASE STATUS

r Pretrial phase

r  On trial        

r  Crime in progress   

Other details:


14  SUBSCRIBER INFORMATION to be Disclosed[2]

Subscriber information related to the following IP addresses requested:

Subscriber information  related to following accounts requested:

Period of interest

Start date: DD/MM/YYYY             Start time (and time zone):

End date: DD/MM/YYYY            

End time (and time zone):      

15  information identifying the service provider AND – if available – the location of the computer system

Please provide as much information as possible to help identify the service provider (including aliases, telephone numbers and other contact details or associated email addresses)


16  URGENCY

r URGENT

Response expected by: DD/MM/YYYY

REASONS FOR URGENCY (check more than one if applicable)

r Threat to life or limb    

r Suspect/offender in custody

r Suspect/offender to be released from custody 

r Crime in progress    

r Volatility of data

r Imminent threat of a serious nature to public security   

r Statute of limitation due to expire  

r Trial is imminent or in progress

r Other:

Brief details for urgency


17  CONFIDENTALITY

r We request that this request is kept confidential and that customers are not notified. Please inform us if your domestic law requires us to explain the reason for confidentiality; or – before taking any action – whether your domestic law requires customer notification or if you suspect that the provider may not comply with the request for confidentiality.

18  Confirmation/notification requested

r Confirmation of receipt of request  

r Whether and what additional information is needed from requesting State to execute the request

r Information on availability of data or whether data is beyond the jurisdiction of the requested country

r Other:

19  Additional NOTES, IF ANY

20  Signature and / or stamp of REQUESTING Authority if applicable

Name

Position

Date / place

Signature and/or stamp


21  Annex:  Details of information requested[3]

Subscriber information needed for IP addresses

Subscriber information related to the following IP address/es requested (to the extent permitted by your law):

Period of interest:

Start date and time:

End date and time:

Time zone:

Details requested:

Subscriber names

User names

Screen names, or other identities

Email, social media and other accounts related to the IP address/es

Mailing addresses

Residential addresses

Business addresses

Telephone numbers, other contact information

Billing records

Billing address

Payment method

Payment History

Billing period

Information about length of service and the types of services the subscriber(s) or customer(s) used

Any other identifying information, whether such records are in electronic or other form


Subscriber information needed for accounts

Information on the following accounts /s requested, to the extent permitted by your law:

Period of interest:

Start Date and Time:

End Date and Time:

Time zone:

Details requested:

Subscriber names

User names

Screen names, or other identities

Mailing addresses

Residential addresses

Business addresses

Email addresses

Telephone numbers, other contact information

Billing records

Billing address

Payment method

Payment History

Billing period

Registration date

IP address used for the initial registration of the accounts

Last registered date of access

IP address used for the last registered access to the accounts

IP address used for access to the account in the period:

Start date: DD/MM/YYYY    Time:

End date: DD/MM/YYYY      Time:

Time zone:

Other Email, social media and other accounts related to the person or account

Information about length of service and the types of services the subscriber(s) or customer(s) used

Any other identifying information, whether such records are in electronic or other form



[1] This template was adopted by the Cybercrime Convention Committee (T-CY) at its 19th Plenary (9-10 July 2018) to facilitate the preparation and acceptance of requests by Parties. Use of this template by Parties to the Budapest Convention is optional.

[2] Use ANNEX for details.

[3] Please note that the law of the requested state may not necessarily consider all of the following data to be subscriber information.