Research On Detection Assistance Mechanism Of Internet Service Providers

In the process of investigating cybercrime cases,the assistance of internet service providers play a decisive role in the successful completion of investigative work.However,the lack of systematic research on the assistance mechanism of internet service providers in the process of investigation and the establishment of corresponding rules in China have objectively hindered the improvement of investigation efficiency.Therefore,this paper will systematically analyze the investigation assistance mechanism of internet service providers.This paper is divided into four chapters:The first chapter is the introduction,which mainly introduces the research background,significance,problems and possible innovations of the investigation assistance mechanism of internet service providers.The second chapter is about the necessity and feasibility of the construction of the investigation assistance mechanism for internet service providers.As far as the necessity is concerned,the construction of investigation assistance mechanism for internet service providers are conducive to breaking technical bottlenecks,improving investigation efficiency and strengthening the protection of personal information.As far as the feasibility is concerned,the existing laws and regulations at home and abroad already have relevant provisions on the assistance investigation obligation of internet service providers.In addition,the existing experience of internet service providers assisting law enforcement in judicial practice can also provide useful enlightenment for the construction of investigation assistance mechanism.Chapter three is the analysis of the problems and causes of the operation of the investigation assistance mechanism of internet service providers.The main problems existing in the investigation assistance mechanism of internet service providers are refusal of assistance and limited assistance.The reasons can be analyzed from two perspectives: as far as the investigative organs are concerned,they mainly include three aspects: unclear content and scope of assistance,non-standard application procedures and insufficient protection of rights;as far as the internet service providers are concerned,they mainly include three aspects: Conflict with Personal Information Protection Obligation,the high cost of assisting investigation and the lack of accountability mechanism.The fourth chapter is to standardize the assistance of internet service providers in investigating and collecting evidence and to perfect the mechanism of investigating and assisting internet service providers.Through literature analysis and combined with my own research,the author puts forward the following considerations:(1)clarify the specific content of the investigation assistance obligation of internet service providers,which is embodied in four aspects: technical support,data freezing and provision,assistance in communication monitoring and data retention;(2)clarify that the investigation assistance process should follow the principle of proportionality,information confidentiality and data owner.The requirements of the principle of individual participation;(3)clarifying the scope of application and specific procedures of investigation assistance;(4)clarifying the relief and accountability mechanism.