On The Research Of The Competence Of Evidence Of Private Honeypot Forensics

With the development of network technology,Internet technology is infiltrating its all aspects of society rapidly,changing people's way of life.However,the arrival of the information age has also brought new challenges to people's daily life.The interconnection of the network gives the opportunity to criminals.In recent years,network intrusion has occurred frequently,causing a serious threat to the network security of personal and business users,so it is imperative to crack down on cybercrime.However,The traditional method of computer forensics has been unable to meet the needs of the society to detect network intrusion cases because of its own limitations,so it is urgent to introduce new technology to fill the vacancy.Honeypot system forensics technology is a kind of computer forensic method derived from network defensive measures.The forensic person sets up the honeypot in the network system to attract the intruder's attack and records and collects the crime process in the course of the intruder's crime.Compared with the traditional computer forensics method,honeypot system forensics technology not only has the convenience and initiative,which greatly improves the efficiency of evidence collection,but allows the ordinary individual and business users in addtion to judicial investigation organs to use it to collect the evidence,which can save the investigation resources and optimize the judicial resource allocation,solving the difficulties of detecting network intrusion and colleceting evidence.As a new means of collecting evidence,the evidence ability of honeypot system forensics technology especially private honeypot forensics has not been clearly stipulated in law,and there is also no uniform standard in judicial practice.Therefore,this paper tries to study the problem on the evidence ability of private honeypot forensics,hoping to make a contribution to the legislation work and judicial practice.This paper is divided into four chapters:The first chapter,"Honeypot technology and Honeypot forensics" mainly discusses the basic theory of honeypot forensics,including the concept of honeypot forensics,the technical principle of honeypot forensics and the value and risk of honeypot forensics.On the basis of analyzing the of evidence ability,the second chapter "The status of evidence ability of honeypot forensics in China" discusses the current situation of evidence ability of honeypot forensics in China and points out the deficiency of dealing with such problem in our country from both legislation and judicial practice.The third chapter,"The comparative study of the evidence ability of the honeypot forensics" mainly researches the process mode of private forensics and honeypot forensics in the United States and Germany.Through the analysis of the USA "private forensic recognition" model and the Germany model of "legal interest balance",it summarizes the advantages and disadvantages of the two models in order to provide a reference for our country to solve the problem of evidence ability of honeypot forensics.In the fourth chapter,"The analysis of the evidence ability of the honeypot forensics",the author firstly combs the viewpoints of the evidence ability of the honeypot forensics in our country,and sums up the scholar's view into three doctrines,including the affirmative doctrine,the negative doctrine and the compromise doctrine.Secondly,it discusses the above three theories respectively and points out the limitations of the affirmative doctrine and the negative doctrine,selecting the compromise doctrine as the theoretical basis of judging the evidence ability of honeypot forensics.Finally,from the type of temptation and whether honeypot forensic committing the infringement of privacy of two aspects,the author carries out a specific analysis of its ability to evidence.