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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ONLINE IMPERSONATION: I HAVE A RIGHT TO BE LEFT ALONE V. YOU CAN’T MANDATE HOW I USE MY PRIVACY TOOLBOX

By: Evisa Kambellari*

I. Introduction

In the virtual world, one person can present himself in different identities and several persons can present themselves under the same virtual identity.[1]  Online impersonation can occur in two ways: either by stealing one’s personal information to gain access to his online profile or by creating a completely fake profile.[2]  The fake profile might reveal information that belongs to someone else or be totally fictitious.  Such flexibility in assuming one’s identity online is due to the anonymity that people enjoy in the online world.  Inability to elaborate proper identification tools of Internet users is one of the biggest challenges in preventing and prosecuting social media related crimes.[3]  Online social networking has reshaped human interaction in a way that reduces the barriers that would traditionally keep strangers apart.[4]  Identification requirements are minimal and there is no proper mechanism of verifying the truthfulness of the information one presents in creating an online profile or e-mail account.  However, creating a fake online profile is not a criminal act per se.  The component that turns the lawful act into an unlawful act of online impersonation is the imposter’s malicious intent to “defraud,” obtain a “benefit,” or “injure”.[5]

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