Network communication data preservation method and device

Abstract

The present invention relates to a network communication data preservation method and device, which is characterized by comprising a client, a mobile processing device and a storage server, the client can be connected to the mobile processing device through physical contact, and the client or the mobile processing device A transmission module that can be connected with a storage server is arranged on the mobile processing device, and a grab module is also arranged on the mobile processing device. The invention provides a network communication data preservation method and device. Through the improvement of preservation steps, equipment connection, preservation means and verification methods, the preserved network communication data evidence can meet the electronic evidence requirements stipulated by law, and can be directly used for notarization or verification. litigation stage.

Description

technical field [0001] The invention relates to a data preservation method and device, in particular to a network communication data preservation method and device. Background technique [0002] With the continuous development of electronic information technology, the network has extended to every corner of the society and has become the fastest, most economical and most extensive information dissemination medium in the world. While the Internet brings us convenience, many infringing propaganda or illegal sales activities have also shifted from offline to online. Due to the variability and immediacy of network information itself, events that make the facts of infringement clear have no evidentiary effect. The embarrassment of confirmation, because the effectiveness of evidence refers to the legal effectiveness of case evidence that is reviewed by judicial personnel according to legal procedures or provided by the parties and confirmed by court cross-examination. It is the le...

AI Technical Summary

Problems solved by technology

While the Internet brings us convenience, many infringing propaganda or illegal sales activities have also shifted from offline to online. Due to the variability and immediacy of network information itself, events that make the facts of infringement clear have no evidentiary effect. The embarrassment of confirmation, because the effectiveness of evidence refers to the legal effectiveness of case evidence that is reviewed by judicial personnel according to legal procedures or provided by the parties and confirmed by court cross-examination. It is the legal probative force of evidence and is bound by law, while electronic evidence and other The same as evidence, the collection method, that is, the procedure, must also comply with legal requirements and be verified to be true before it can be used as the basis for determining the facts, and then judge the internal connection between the evidence and the facts to be proved, that is, the effectiveness of the evidence, but in actual operation For electronic evidence, especially when identifying the three natures of network communication data, there are the following difficulties: 1. The legality of evidence, network communication data evidence is mostly private evidence and is not public, and it is difficult for witnesses to prove their evidence collection process except through notarization , making it difficult to prove whether the evidence was formed or obtained through legal channels or through illegal means

2. The authenticity of evidence. Compared with traditional letters, telegrams, faxes, and magnetic objects, network communication data evidence has the characteristics of insubstantial nature, so that it can only be fixed by data, and data is easy to be modified. It is difficult to prove that the evidence has not been modified by it or by a third party during the preservation process

3. Relevance of evidence. Due to the immediacy of network communication data evidence, it is difficult for witnesses to prove the relationship between evidence and facts to be proved

However, this patent still fails to solve the problem of the validity of electronic evidence, mainly focusing on the following points: 1. The upload of evidence is completed by the user. For evidence such as instant messaging, it is difficult for the user to fix the evidence, and most of them cannot meet the requirements of notarization Required, and the server only provides evidence storage services, and cannot identify whether the uploaded data is original and unmodified

2. Users can directly access the data storage server. Since the storage server can be accessed by multiple parties, the possibility of the storage server being attacked increases, which greatly reduces the data security on the data storage server.

3. Did not propose a means of obtaining evidence from the storage server and notarizing evidence with high security and conveniently and quickly

4. The data is only verified during the process of uploading evidence, and it cannot be guaranteed that the data has not been tampered with during the storage process on the storage server

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