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Summary of the fourth edition of the Advanced Seminar on Electronic Data Evidence

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September 11, 2015, I participated in the fourth session of the Electronic Data Evidence in Nanjing organized by the advanced training courses. The event was organized by the All-China Lawyers Association Information Network and High-tech Professional Committee, Jiangsu Province Lawyers Association e-commerce and information network business committee contractors.
According to the Lawyers' Practice Guidelines for Electronic Data Evidence Operations issued by the Lawyers Association during the training period, electronic data refers to all data formed by means of information technology generation, modification, deletion, storage, transmission and acquisition. It mainly includes computer documents, Mobile phone documents, e-mail, instant messaging records, blogs, microblogging, web history, IP address, cell phone text messages, call records, fax records, signaling data (network transmission for control of a type of signal signal , The author note), electronic signatures, electronic traces. When electronic data is used to prove the facts of the case, it is evidence of electronic data. Electronic data evidence can be used either directly as a special legal evidence or as legal evidence or as a clue. Lawyers in the process of handling the case, according to the case need to take a variety of electronic data evidence forensic work, such as the appointment of notary authorities to carry out electronic data evidence preservation, hire identification agencies for electronic data identification work.
If the lawyer applies for the preservation of the electronic data evidence, it may request the notary to record the screen software (screen recording software) or video. In the preservation of the page, in addition to the page involved, you can apply for the relevant web page snapshot or reproduced for notarization.
On the electronic data of the forensic project, including hard disk inspection, server testing, mobile phone body inspection, registry verification and identification, software consistency inspection and identification, software function test, document consistency inspection and identification, database data recovery, password cracking, Electronic data identification certification review.
Legal provisions on electronic data. Article 63 of the Civil Procedure Law of the People's Republic of China, which was revised in August 2012, is one of the eight types of evidence for the first time. The Supreme People's Court of February 4, 2015 on the application of the "Civil Procedure Law of the People's Republic of China" Interpretation of Article 116 of the provisions of electronic data is through e-mail, electronic data exchange, online chat, Blog, microblogging, cell phone text messages, electronic signatures, domain names, etc., or stored in electronic media. Stored in the electronic media in the recording data and image data, applicable to the provisions of electronic data. Article 48 of the Criminal Procedure Law of the People's Republic of China, which came into effect on January 1, 2013, collectively combines electronic evidence and audiovisual materials as one type of evidence. And evidence similar to the electronic evidence, but also scattered in several other important legal requirements. Article 11 of the Contract Law of the People's Republic of China, which came into effect on October 1, 1999, stipulates that the written form refers to the contract, letter and data message (including telegraph, telex, fax, electronic data exchange and e-mail) Etc. can be tangibly shaped in the form of content contained. From April 1, 2002, the "Supreme People's Court on the provisions of the evidence of civil litigation," Article XIII provides: investigators investigate the collection of computer data or audio and video, video and other audio-visual materials, should be asked to provide relevant The original carrier of the information. It is difficult to provide the original carrier, and a copy can be provided. Where a copy is provided, the investigator shall state the source and the production of the investigation in the transcript of the investigation. Article 64 of the Provisions of the Supreme People's Court on Several Issues Concerning Evidence in Administrative Litigation, which came into effect on October 1, 2002, provides that electronic data exchange, e-mail and other data data fixed or displayed by tangible carrier shall be made And the authenticity of the parties to the other party to confirm, or notarized and other effective way to prove, and the original has the same proof of effectiveness. It can be seen that with the rapid development of science and technology and the rapid development of the Internet, electronic data and people's life and work increasingly close, as a relatively new type of evidence, will increasingly show its great value, play an important role in litigation effect. In view of this, in recent years, many scholars in China in the electronic data research has done a lot of useful exploration, made a lot of valuable research results. Some of the scholars who have made a report on this workshop are the leader in this field.
Mr. Jin Bo, chief scientist of the National Center for Anti-Computer Intrusion and Antivirus Research at the Ministry of Public Security, said in his report that electronic data has the characteristics of technical dependency, form compound, concealment and transmission, and easy to change The
Professor Liu Pinxin, a professor of the Law School of Renmin University of China and a member of the Expert Committee on Computer Forensics of the Chinese Institute of Electronics, presented his systematic view of electronic evidence. That is, electronic evidence includes three aspects, one is the data message evidence, refers to the text of the text itself, that is recorded in the legal relationship occurred, change and loss of evidence, such as e-mail, text documents, picture files, encrypted files, compressed files ; The second is the subsidiary information, that is, data message generation, storage, transmission, modification, additions and deletions formed time, producer, format, revision number, version and other information, records the producer, sender, recipient, Path, log records, the properties of the document itself, etc .; Third, the evidence associated with traces of electronic evidence storage location, transmission of information, the use of information and related documents, the form of cache files, hibernation files, paging files, Source file storage records and copy files. According to this, he introduced his original electronic evidence of the nine-step test method: that is, whether the original carrier, file ------ check value (used to determine whether the file was changed a group of information, usually a number of 16 Into the system, the author note) Yes, consistency ------ whether to generate new data ------ whether the content is abnormal, complete ------ subsidiary information is abnormal ------ Related Whether the traces of abnormal - with other evidence is inconsistent ------ whether the anti-forensic display ------ whether to apply for authenticity identification.
Wang Yungang
September 2015