Electronic data can be used as evidence for publishing information on web platforms such as web pages, blogs and Weibo. Communication information of network application services such as short messages, emails, instant messaging and communication groups; Documents, pictures, audio, video, digital certificates, computer programs and other electronic files.
Legal objectivity:
The general way of obtaining evidence of electronic evidence refers to the way of obtaining evidence of electronic evidence without disguise, modification or destruction. The main methods are: 1, printing. If the text content of a cyber crime case is meaningful, the relevant content can be directly printed on paper for evidence collection. After printing, it can be saved and fixed according to the method of extracting documentary evidence, the printing time and the location of data information in the computer (such as stored in that folder, etc.). ), forensic personnel, etc. If it is printed by ordinary operators, measures should be taken to supervise the printing process to prevent operators from modifying or deleting it. 2. Roger that. It is a method of copying computer files to floppy disk, removable hard disk or CD-ROM. First of all, the forensic personnel should check the prepared floppy disk, mobile hard disk or CD to make sure there is no virus infection. After the replication is completed, the replication quality should be checked in time to prevent unsuccessful replication or virus infection due to improper storage methods. After obtaining evidence, indicate the extraction time and seal it back. 3. Take photos and videos. If the evidence has the evidential significance of audio-visual materials, it can be extracted and fixed by taking photos and videos, which fully and fully reflects the probative role of the evidence. At the same time, taking photos and videos of the whole process of obtaining evidence can also increase the probative force and prevent the confession from being retracted. 4. Making judicial documents. Generally including inspection records and identification. Inspection record refers to the record of the types, methods, processes and contents of evidence obtained in evidence collection. Appraisal is a professional's identification of special problems in evidence collection, and it is also a way to fix evidence. The use of judicial documents can be proved by the identification of specific facts by authoritative departments, which has the characteristics of specialization and specificity and has high probative power. It is mainly suitable for extracting evidence with network characteristics, such as digital signature and e-commerce. At present, China's intermediary agencies specializing in this kind of network business certification are still not perfect and are in the establishment stage. For example, 1998, Guangdong Provincial People's Government approved the establishment of Guangdong Electronic Commerce Certification Center. Up to now, the center has issued more than 60,000 digital certificates, providing security for users' e-commerce activities on the Internet. 5. Seal up and detain. For the evidence materials and articles involved in the case, in order to prevent the parties from being damaged or lost, the relevant materials may be sealed up or detained and handed over to the judicial organs for safekeeping. The evidence obtained by the above method can be sealed up and detained, and some encrypted evidence can also be detained. For example, in investigating cases of infringement of trade secrets, the public security organs seized and seized office appliances and commercial materials according to law, took out the hard disk from the chassis, and noted in the record that "one X brand X model hard disk was seized". Due to proper measures and timely evidence extraction, it not only effectively proved the crime, but also prevented the disclosure of business secrets. In order to seal and detain encrypted data files, it is usually necessary to disassemble the whole memory from the machine and hire specialized personnel to recover the data. In this case, the seizure and detention measures must be very cautious to avoid infringing on the normal work of the original users or other legitimate customers. Once the hardware is damaged or misoperation leads to unreadable data or data destruction, the loss will be immeasurable. 6. notarization. Because electronic evidence is easy to be destroyed, once it is destroyed, it is difficult to restore the original state. Therefore, it is one of the effective ways to obtain electronic evidence by notarizing and fixing the relevant evidence through the notary office. March, 200 1 year, parenting forum on Sina. Com is accused of publishing articles that damage the reputation of others. Nanjing No.3 Notary Office accepted the application and notarized the contents of Sina. com parenting forum. It supervises the whole process of operating the computer, including the computer model, the program of opening the computer and entering the web page, and copying the contents appearing in the computer. In addition to the on-site supervision records, on-site supervision was also carried out. Afterwards, the notary issued a certificate of evidence preservation. However, due to the high cost and low efficiency of notarization, we can't blindly believe in the way of notarization in the acquisition of electronic evidence. It is necessary to decide which way to collect evidence according to the specific circumstances of the case. The rules and methods of electronic evidence collection are different from traditional evidence, and the traditional means of evidence collection and authentication cannot be completely copied. Therefore, it is difficult to extract and fix the evidence in cyber crime. Nevertheless, according to the specific circumstances of the case, using the characteristics of electronic evidence itself, we can obtain evidence, which is helpful to the detection of the case.