On Legal Issues Of Seizure Of Email

Along with the development of internet technology, Email becomes one kind ofimportant communication way as well as some kinds of crime measures, and thenturns to be one kind of evidence in criminal justice. As a new evidence type, Emailhas been questioned by the researchers, and what the researchers focused on iswhether it meeting with the objectivity and legality of evidence for its easilymodifiability. But most of the discussions about the legality of Email as evidencemainly focused on if it been one type of evidence prescribed by the CriminalProcedure Law, and few paying attention to the legality of the process of seizure ofEmail. From the perspective of legislation, some relational prescription of The Codeof Procedure of Dealing with Criminal Case by Public Security Organ (CPDCCBPSO)are the mainly norms regulating seizure of Email, but the legislators of CPDCCBPSOignored the difference between Email and traditional letter, failed to make specialprescription in connection with the information carrier, transport channel, discoverytechnology and seizure measures of Email.Due to these concerns, author discussed the technology norms and legal norms ofseizure of Email from the perspective of both objectivity and legality of evidence,compared the legislation and practice of some constitutionality countries with Chinalegal system in this field. Seizure of Email depends on computer technology,advanced and appropriate technology for seizure of Email will meet with theobjectivity of Email as evidence. This paper demonstrated how the technology normsto guarantee the objectivity of Email as evidence by example. Considering the threatto people’s privacy right and freedom of communication with seizure of Email, thelaw of most of the constitutionality countries demand the seize action should be takenonly under the substantive essential element—“probable cause”, and regulated by thejudicial procedure.And then, the author reflected on the shortages of the current legislation of Chinaand put forward his idea of improving the legal system on seizure of Email from theperspective of technology and law. This paper suggested that the legality of Email asevidence should be regulated by the law, for the law should be stable; and theobjectivity of Email as evidence should be regulated by the technology norms, for thetechnology always will be innovated continuously, but the technology norms shouldbe subordinated to the legal norms. In order to guarantee the legality of Email asevidence, the substantive essential elements―Probable Cause, and the proceduralessential elements―Reasonable Regulated should be confirm in the CriminalProcedure Law. In order to guarantee the objectivity of Email as evidence, thetechnology standard of seizure of Email, and the technology demand of discovering,extracting, preserving and using Email should be confirmed in the technology normsof seizure of Email.