Electronic Transactions Act, 2008 Act  772 Backup preservation 104.  (1)�� A Court may order that an electronic communication provider shall create a backup copy of the contents of the electronic communications sought to be preserved on application by a law enforcement agency and the electronic communication provider shall, without notifying the subscriber or customer of the order, create the backup copy and shall confirm to the law enforcement agency that the backup copy has been made. (2)  The law enforcement agency shall within three days after receipt of the confirmation of the creation of the backup, notify the subscriber or customer of the Court order and compliance by the provider. (3)  The provider shall not destroy the backup copy until the delivery of a copy of the backup information to the agency or the determination of the trial in respect of which the back-up application was sought. (4)  Unless notice to vacate the Court order is obtained by the subscriber or customer and served upon the law enforcement agency and the provider, the provider shall release the backup copy to the requesting law enforcement agency fourteen days after receipt of the order for the creation of the backup copy. Customer challenge 105.  A subscriber or customer may apply to a Court to vacate an order obtained under this Act by a law enforcement agency at any time after notice if the Court orders. Inadmissible evidence 106.  Where a Court varies, quashes or modifies an order for disclosure obtained by a law enforcement agency, evidence obtained solely on the basis of that order and not from another independent source is inadmissible in civil, criminal or administrative proceedings. Cyber offences Stealing 107.  Section 124 of the Criminal Offences Act 1960 (Act 29) on stealing applies with the necessary modification (a) to any thing done using an electronic processing or procuring procedure system whether or not the appropriation was by use of an electronic processing procedure, and (b) to any thing whether or not the medium used in the receiving in whole or in part was an electronic record. Appropriation 45

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