Effect Of Electronic Evidence Research Based On Pro-active Forensic Technology

Science and technology innovation is a double-edged sword, when brings greatconvenience to people, it creates a more powerful methods and tools for criminals atthe same time. Criminal activities using computer and network or attacking computerand networks has become increasingly rampant, traditional security protectionmeasures and computer forensic technologies has become somewhat inadequate.Pro-active forensic technology emerged below the driven of the demand of practice.The main Pro-active Forensic technologies are honeypot and honeynettechnologies, generalized definition should also include network entrapment. The twomain purpose of Pro-active Forensic technologies are: study the objective, tools,methods, consequences of aggressive behavior; collect electronic data as evidence ofillegal attack.The evidence status of electronic evidence has always been a hot issue inacademic world. Many network events have promted us to think the legal regulationof electronic evidence. Electronic evidence should have its unique standard ofidentifying the weight of proof and credibility for its characteristics of high-tech,forms of diversity, intangibiliby, unintuitionisty, easy to modify or destroy.The whole process of collecting electronic evidence using Pro-active computerforensics method is more complex than traditional ways from evidence collecting toadmissibility in court. Therefore, we need to think about its legitimacy as well asstudying the Pro-active forensic technology. At present, we lack of research that combining the Pro-active forensictechnology with jurisprudence at home and abroad, and the two approaches arerelatively scattered or space lacked. Therefore, the author will do the research roundly,synthetically and systematically by using the method of comparative law andcombining the foreign scholars on the Pro-active forensic research.In this paper, based on the knowledge of Pro-active forensic technology,evidence law, procedural law and criminal investigation, we studied the effect ofelectronic evidence collected by Pro-active forensic methods, put forward somesuggestions for perfecting the rules of the Pro-active forensic evidence.In this paper, we first introduces the development of computer forensics and therelated electronic evidence theories, then deeply analyzed each kind of the mainPro-active forensic behavior, a series of legal problems were brought using thesemethods such as the allocation of investigation rights, the conflict between the citizenright of privacy, the admissibility of expert conclusion, the imputation of tort and soon. Finally we proposed a electronic evidence rules system using the Pro-activeforensic methods, with the purpose of ensuring its objectivity, authenticity andlegality.This paper aimed to study and interpret the Pro-active forensic technology andelectronic evidence; attempts to research the evidence effect that the Pro-activeforensic technology brought to electronic evidence roundly, systematically andsynthetically; strive for expand the breadth and depth in the field of electronicevidence.