Research On The Dilemma And Countermeasures Of Cross Border Forensics Of Criminal Electronic Data

The fusion of traditional crime and information network technology makes the traditional crime presents a new pattern,the most significant feature is non-contact.The implementation of criminal behavior does not need to contact with specific criminal objects,and is no longer limited to a specific physical field,which also leads to the practice of cross-border network crime investigation and evidence collection difficulties,difficult to pursue,difficult to recover stolen goods and other problems.In order to combat cross-border cybercrime,the investigative authorities need to obtain the criminal traces left by the suspects on the network,i.e.,electronic data forensics,which is a prerequisite for effectively combating cross-border cybercrime.Combating cross-border crimes mainly cross-border cybercrime has been a problem of widespread concern in the international community,and explorations on how to crack this problem are constantly being followed up.At present,there are three main ways of cross-border criminal electronic data forensics in China at the normative and practical levels,namely: criminal judicial assistance forensics,unilateral cross-border electronic forensics and forensics from network service providers.In this paper,the problems of cross-border criminal electronic data forensics in China are sorted out and summarized through the case study method and literature research method,and the corresponding improvement countermeasures are proposed for the problems of each forensic path.First of all,the long and uncertain forensic procedure of criminal judicial assistance leads to its slow and inefficient,and it is difficult to cope with the high transmission and dispersion of electronic data.Therefore,it is necessary to continuously optimize the criminal MLA forensics procedures,and also to continuously strengthen international police cooperation between countries.Second,unilateral cross-border e-discovery in the absence of consent or authorization of other countries,will violate the judicial sovereignty of other countries and the investigated person’s personal privacy and other basic rights,and the legislative concept of China’s higher law conflicts.Therefore,it is necessary to improve the provisions of electronic data forensics,strictly regulate the unilateral cross-border electronic forensics of investigative authorities,and strengthen the protection of the basic rights of individuals in the process of forensics.Finally,the problem of low motivation of network service providers to assist in the investigation exists in forensics from network service providers,which can lead to the delay or even rejection of data requests from investigative authorities.Therefore,it is necessary to construct a mechanism for remedying and compensating the rights of network service providers and continuously improve the coordination mechanism of multiple obligations to improve the motivation of network service providers to assist in forensics.In addition,it is also necessary to improve the mechanism for network service providers to assist in investigative forensics under emergency situations in order to deal with unexpected situations.