Collection of
traffic data
33.
(1) If a magistrate is satisfied on the basis of an application by a police
officer, supported by affidavit that there are reasonable grounds to suspect
or believe that traffic data associated with a specified communication is
reasonably required for the purposes of a criminal investigation,
magistrate may order a person in control of such data to:
(a)
collect or record traffic data associated with a specified
communication during a specified period; or
(b)
data.
permit and assist a specified police officer to collect or record that
(2) If magistrate is satisfied on the basis of an application by a police
officer, supported by affidavit that there are reasonable grounds to suspect
or believe that traffic data is reasonably required for the purposes of a
criminal investigation, the magistrate may authorize a police officer to
collect or record traffic data associated with a specified communication
during a specified period through application of technical means.
Interception
of content
data
34.
(1) If a magistrate is satisfied on the basis of an application by a police
officer, supported by affidavit that there are reasonable grounds to suspect
or believe that the content of electronic communications is reasonably
required for the purposes of a criminal investigation, the magistrate may:
(a)
order an Internet service provider whose service is available in
Lesotho through application of technical means to collect or record or to
permit or assist competent authorities with the collection or recording of
content data associated with specified communications transmitted by
means of a computer system; or
(b)
authorize a police officer to collect or record that data through
application of technical means.
35.
Forensic Tool
(1) If a magistrate is satisfied on the basis of an application by a police
officer, supported by affidavit that in an investigation concerning an
offence listed in paragraph 7 herein-below or regulations made under
Section 45 there are reasonable grounds to believe that essential evidence
cannot be collected by applying other instruments listed in this Part but is
reasonably required for the purposes of a criminal investigation, the
magistrate may authorize a police officer to utilize a remote forensic tool
with the specific task required for the investigation and install it on the
suspect’s computer system in order to collect the relevant evidence. The
application needs to contain the following information:
(a) suspect of the offence, if available with name and address if available,
and
(b) description of the targeted computer system, and
(c) description of the intended measure, extent and duration of the
utilization, and
(d) reasons for the necessity of the utilization.
(2) It shall be a condition of the authorisation that such investigation shall
ensure that modifications to the computer system of the suspect are
limited to those modifications essential for the investigation and that any