Research On Strategy And Qualification Of Cloud Storage Evidence Obtaining Under Electronic Surveillance

With the development of science and technology, a new technology named cloudstorage is now widely used. According to relevant data, in2013China personal cloudstorage users will reach223million, Internet penetration rate reached36.7%, thedigital content stored in the cloud will reach36%in2016, while in2011thisproportion was only7%. During the investigation process, because of thecharacteristics of virtualization, distributed storage, cloud storage technology is verylikely tobe used to hide the criminal evidence, to avoid criminal investigation. If thesuspect use cloud storage technology store relevant evidential materials "in the cloud"rather than in their own computers, it will pose significant challenges to evidencecollection. In view of this situation, issues of how to obtain evidence, and theevidence ability the evidence materials which have what to be discussed.As one of the technical investigation measures, electronic surveillance has beenwidely used in major cases which plays an important role. Because of its specialcharacteristics, I think electronic surveillance would be the key point in particularcases. In2013, for the first time the new " Criminal Procedure Law of People’sRepublic of China " carrys out the provisions of technical investigation, confirmed thequalification of materials which obtained by technical investigation measures, but therelevant provisions are too summarized to apply. This paper deals with the obtainingstrategy and qualification of cloud storage evidence in satiation of electronic surveillance.The main issues this paper settles are:First, relevant concepts and difficulties of cloud storage evidence obtaining. Atpresent, there is still no unified view about what cloud storage evidence obtaining is,so the detailed analysis of the difficulties.This artical reviews the origin anddevelopment of cloud storage technology, analyzes the characteristics of cloud storagetechnology,such as virtual, service oriented, distributed storage technology etc.,anddiscusses the difficulties of obtaining evidence.Second, proposed strategy based on identity map.Discussing the strategy fromaspects of the analysis and feasibility, build "suspects-service providers-the targetfiles" association map, deduces the strategy which based on identity map.Third, qualification of relevant materials.Cloud storage now is still a newtechnology, legal lag affects the qualification of cloud storage evidence. At the sametime, laws about electronic surveillance has just promulgated and implemented,related laws and regulations are even contradictory. Based on the essential attributesof evidence,this article discusses the qualification of relevant materials.Forth, suggestions.As mentioned above, legislation of electronic surveillance andcloud storage evidence is not perfect,concepts and subjects are not clearly.Based oninvestigation reality, this article offers legislative suggestions.