1. Electronic data evidence that does not conform to the statutory form shall be excluded according to law.
Second, the source of evidence is illegal electronic data evidence. The so-called illegal source of evidence refers to evidence obtained by illegal means. Evidence obtained in the following ways is illegal and should be excluded according to law.
1. Electronic data obtained by violence, threat or inducement;
2. Evidence obtained through illegal stealing. For example, electronic data evidence obtained by hiring hackers to maliciously invade personal computers or networks should be excluded.
Three, illegal electronic data evidence collection procedures and means:
1. Electronic data evidence with illegal evidence collection procedures shall be excluded. The collection and retrieval of electronic data evidence shall be carried out in accordance with the provisions of the law.
2. Electronic data evidence with illegal means of obtaining evidence shall be excluded. The investigation and collection of electronic data evidence by the parties concerned shall be conducted in accordance with the law, and evidence shall not be obtained by infringing upon the legitimate rights and interests of others.
4. Electronic evidence collection should strictly regulate the evidence collection procedures: in view of the intangible, diverse and easily damaged characteristics of electronic evidence itself, any modification or deletion of electronic data caused by human factors or other uncertain factors;
Coverage invisibly increases the difficulty of electronic forensics, so electricity
It is relatively difficult to obtain evidence of sub-evidence, so it is necessary to master certain computer knowledge and follow accurate and strict methods and procedures.
According to Article 11 of the Provisions on Several Issues Concerning the Trial of Cases by Internet Courts, if the authenticity of electronic data submitted by the parties can be proved by electronic signature, trusted time stamp, hash value verification, blockchain and other forensic, fixed and tamper-proof technical means, or can be authenticated by electronic evidence collection and storage platform, the Internet court shall confirm it.