Blockchain-Based Evidence Preservation: Opportunities and Concerns

By Zihui (Katt) Gu[+]

I.     Introduction

On September 3, 2018, the “Provisions of the Supreme People’s Court on Several Issues Concerning the Trial of Cases by Internet Courts” (hereinafter Provisions) was adopted at the 1747th session of the Judicial Committee of the Supreme People’s Court, which, for the first time, provides a comprehensive guidance on the trial process of the Internet Court from perspectives such as the scope of jurisdiction, mode of trial, acceptance of evidence, and rules of procedure.[1]  Undoubtedly, the promulgation of this regulation will play an important role in regulating the litigation activities of Internet Courts, protecting the legitimate rights and interests of parties and other litigants, and ensuring fair and efficient trials of cases.  As the most talked-about topic in 2017, blockchain technology has also been recognized in the Provisions as an eligible means to preserve evidence.  Subsection 6, Article 11 of the Provisions, stipulate that, “if the authenticity of electronic data submitted by the parties can be proved through electronic signature, trusted time stamp, hash value check, blockchain, and other tamper-proof, technical evidence collection and preservation method or through electronic evidence collection and preservation platform, the Internet court should confirm its authenticity.”[2]

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Privacy Breaches and Big Data: Solutions and Suggestions in India’s Context

By: Navreet Kaur[+]

This article discusses the unprecedented rate at which data is growing and the various possibilities of privacy infringements.  It views the problem in the context of a developing nation, India, because India has formed a committee last year to devise and regulate regulations for data protection.  The article also discusses the approaches adopted by various other countries so that India can meet global standard when formulating policies for data protection.  The features of the Data Protection Bill that the committee has recently submitted to the Ministry of Electronics and Information Technology, Government of India are also discussed.

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Automobile Accidents Without a Driver?: The Insurance Liability of Highly Automated Vehicles

By: Ashley Mitchell

I. Introduction

In March 2018, an Uber fatally struck Elaine Herzberg.[1]  This accident was extraordinary because the driver was not operating the vehicle at the time of the crash; it was in autonomous mode.[2]  This tragedy raises many questions about the future of cars without drivers.  For now, Uber has removed self-driving vehicles from the roads.[3]  But as we look to the future of cars without a driver, we must ask: what is the insurance liability when a crash occurs?

Every 5 seconds there is an automobile accident and ninety-four percent are caused by human error.[4]  Auto accidents can cause property damage that is costly to repair, and bodily injury, which generates medical bills.[5]  Auto insurance covers the cost of property damage and bodily injury and is mandated in forty-nine states.[6]  Highly automated vehicles (HAV) are designed to eliminate drivers and rely on an automation system, subsequently reducing human errors and the number of auto accidents.[7]  Yet, it is unclear if insurance will cover the cost of damages or if the manufacturer will be held liable when a highly automated vehicle is involved in an accident.  Legal liability is one of the biggest obstacles to widespread utilization of HAV technology.[8]
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