The Legal Dilemma And Governance Of Cloud Forensics In The Era Of Big Data

Cloud forensics refers to the behavior of using the service of cloud computing, collecting and preserving the electronic data of factum probandum in the cloud, and coming into evidence materials by data cleaning and analyzing.According to the three dimensions of technology, organization and law, the process of cloud forensics can be divided into three stages, including technical preparation, organization and implementation, and legal evaluation. The cloud forensic, develops from the basement of electronic forensics, has many differences with it in the key technology, physical state, forensic space, degree of control, online requirements, storage requirements and some other aspects. The evidence obtained from the cloud forensics should be classified as electronic evidence, which can be referred to as cloud evidence in doctrinal.With the deepening impact of big data and cloud computing on our society, cloud forensics facing legal difficulties are becoming more and more obvious. Cloud forensics often across multiple jurisdictions, however, because of the reason that different laws of protecting citizen privacy in different jurisdictions, conflict of jurisdiction and the like, resulting in cloud forensics across jurisdictions is difficult. There is an objective existence of strong "asymmetric power" between the data controller and the ordinary users, which leads to the inevitable existence of situation of majority evidence owned by one parity. The feature of perishable, easy modification and volatility of electronic data, have made the authenticity of cloud evidence as the most difficult in judicial activities.In view of the existing problems of cloud forensics, the essay divided into four aspects to construct legal governance framework of cloud forensics. First, from the two aspects of expansion of the jurisdiction of the data and forming judicial assistance relationship in cloud forensics. Second, building a system approaching cloud evidence fairly, the content of which is to balance the evidence occult right and the prove request right, and configuration obligations to assist cloud forensics forcibly. Third, establish the legal interest protection system of cloud forensics. Fourthly,in addition to the traditional rules of evidence applicable, should also build a pre-preservation rule of cloud forensics, expert assistant rules of cloud evidence, the rules of a verdict can’t base on isolated cloud evidence,and reinforcing evidence rules of cloud evidence, in order to construct the special rules of evidence of the cloud forensics.