Web page evidence preservation method and device

Abstract

The invention relates to a web page evidence preservation method and device. The device comprises a client side, a cloud access server and a cloud storage server. The client side is connected with the cloud access server through the Internet, and the cloud access server is connected with the cloud storage server. The cloud access server comprises an address mark receiving and analyzing module, a data access and obtaining module and a data transmitting module. Through the improvement on the preservation step, equipment connection, preservation content, the preservation means and the verification mode, preserved web page evidences meet the requirement for electronic evidences regulated by laws, and can be directly used for the notarization or litigation phase.

Description

technical field [0001] The invention relates to an evidence preservation method and device, in particular to a web page evidence 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 legal ...

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 characteristics of webpage evidence, there are the following difficulties: 1. The legitimacy of evidence. Although webpage evidence is public information on the Internet, it is difficult for the witnesses to prove the process of obtaining evidence except through notarization. Make it difficult to prove whether evidence was formed or obtained through legal channels or through illegal means

2. The authenticity of the evidence. Compared with the traditional forms of letters, telegrams, faxes, and magnetic objects, webpage evidence has the characteristics of insubstantiality, so that it can only be fixed by data or images displayed to users, while data or Images are easy to be modified, making it difficult for witnesses to prove that the web page evidence has not been modified by them or has not been modified by a third party during the preservation process

3. Relevance of evidence. Due to the immediacy of webpage evidence, it is difficult for witnesses to prove the relationship between the evidence, the infringer and the infringement

However, this patent still fails to solve the problem of the effectiveness of electronic evidence, mainly focusing on the following points: 1. The upload of evidence is completed by the user, and the server only provides storage services for evidence, and it is impossible to identify whether the uploaded is original and unmodified data

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. This patent is not suitable for the preservation of webpage evidence, because there may be a large number of related webpages under the same domain name in addition to the infringing pages. If all relevant pages cannot be preserved, the effectiveness of evidence will be greatly reduced, but Due to the large number of associated webpages, uploading or preserving them individually by manual means is inefficient and prone to omissions

5. 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 of the storage server or when the data is downloaded to the client

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