Original Title: Beijing Dongcheng District Court for the First Time Confirmed the Application of Block Chain Forensics
Reporter Xing Meng
Recently, the Beijing Dongcheng District People's Court made a judgment on the case of Chinese online suing Jingdong Business Company for infringement of the right to disseminate information on the Internet. In this case, the evidence of electronic forensic data provided by the third-party depository platform was accepted by the court, which is the first time that Beijing Court confirmed the legal effect of electronic data deposited by block chain technology.
"Securities Daily" reporter combed found that this year, block chain electronic deposit certificate legal effect has been repeatedly recognized by the judiciary. As early as July this year, Hangzhou Internet Court in a copyright dispute case has recognized the legal effect of block chain electronic deposit certificate, in September, the Supreme People's Court in the form of judicial interpretation of the block chain technology electronic deposit certificate means for legal confirmation. Judicial register is heading for block chain era.
First case in Beijing
Block chain certificate case cited concern
Electronic evidence refers to the evidence information stored in digital form, such as electronic contracts, electronic invoices, electronic articles, e-mail, etc. Block chain is suitable for combination with electronic certificate because of its unauthorized and traceable characteristics. The certificate is also a typical scenario of block chain application.
As the first case in Beijing, it has been paid attention by the market.
In this case, the Chinese online through the truth technology of the third-party electronic deposit platform "IP360 omni-directional data rights and interests protection open platform" Jingdong Business Company "Jingdong Reading" involving four infringement works for evidence data preservation, Dongcheng District Court on the Chinese online certificate, deposit certificate is consistent with the way. The provisions of electronic data are identified.
"Securities Daily" reporter learned that the truth technology based on independent block chain technology legalXchain development of an open platform - IP360 data rights protection platform can provide various forms of electronic data rights, cloud monitoring, block chain tracing, cloud forensics, judicial channels, rights and other services. According to statistics, through IP360 technology, more than 20 million illegal clues were found on the Internet, and more than one million illegal scene evidence was fixed, and the number of certificates in stock exceeded ten million.
Dongcheng Court held that the Chinese online submission of electronic data in the production, storage and content integrity of the method is more reliable, the authenticity of its confirmation, Jingdong Business Company in its operation in the case of APP provides four works of online reading services infringement of Chinese online reading services. The right of information network transmission.
In recent years, the legal validity of block chain electronic storage has been gradually recognized by the judicial system.
In July this year, Hangzhou in a copyright dispute judgment, recognized the legal effect of the block chain electronic deposit certificate. This is considered to be the first legal confirmation of block chain certificate in China's judicial field.
Similar to the above case, in the case of infringement of the right to disseminate works of information network dissemination dispute, the plaintiff through a third-party certificate deposit platform for the defendant's infringement of the web page evidence, and through the block chain storage of electronic data to prove the integrity of electronic data and not tampered with.
According to the relevant laws and regulations, the Hangzhou Internet Court holds that the open and neutral attitude should be adopted in the case analysis of electronic data which are fixed by block chains and other technical means. During the examination, the court also recognized the legal effect of block chain electronic certificates. Block chain is difficult to tamper with and delete. It is reliable as a method to maintain the integrity of content after confirming that the electronic data of complaint has been saved to the block chain.
Subsequently, Hangzhou Internet Court on-line judicial block chain, became the first application of block chain technology to resolve disputes in the court.
Block chain technology is distributed and not easy to tamper with. With the maturity and perfection of technology itself, it will undoubtedly be widely used, and can effectively replace part of the functions of notary organizations, reduce the consumption of human and material resources, but also achieve greater fairness. Lawyer Chen Yunfeng, senior partner of Zhonglunwende Law Firm, believes that "for enterprises committed to the field of block chain certification, on the one hand, we can actively explore more potential of block chain certification technology; on the other hand, we can also explore the corresponding technology for the certification and fixation of electronic data generation process."
"Block chain + justice"
Full of imagination
In early September 2018, the Supreme Law promulgated the Provisions of the Supreme People's Court on Several Questions Concerning the Trial of Cases by Internet Courts. Article 11 stipulates that "electronic data submitted by the parties shall be collected, fixed and tampered-proof by means of electronic signatures, trusted timestamps, hash checks, block chains, etc. If a person can be authenticated by electronic forensics deposit platform, the Internet court shall confirm the authenticity of the certificate. This is believed to be the first time that China uses the form of judicial interpretation to legally confirm the electronic deposit means of block chain technology, and will also accelerate the application of "block chain + judicial" scenario.
The "China Block Chain Industry White Paper 2018" issued by the Ministry of Industry and Information Technology also points out that the use of block chain technology to store electronic evidence can effectively solve the security problems faced by traditional certificates. In the process of transmission, asymmetric encryption technology is used to encrypt the electronic evidence to ensure the transmission security, which fully guarantees the authenticity and security of the evidence. "In the forensics process, because the block chain is distributed storage, allowing multiple nodes such as judicial institutions, arbitration institutions, audit institutions to share electronic evidence in the alliance chain, it can theoretically achieve second-level data transmission, reduce the time cost of forensics, optimize the arbitration process, and improve the efficiency of multi-party cooperation."
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