| Article 1 of the "Regulations on Electronic Data" clearly defines the scope of electronic data,and WeChat evidence has the same characteristics as other types of electronic data,namely,they all have digital characteristics.WeChat evidence,as a typical form of electronic data,also has its unique characteristics: One is WeChat chat records,which cannot directly confirm the identity of the message sender.The subject of WeChat evidence has the characteristic of virtuality.On the other hand,chat records,as one of the forms of WeChat evidence,have many problems.The content is easy to tamper with,delete,or remove,and therefore the authenticity is often questioned,making it difficult to ensure its credibility and effectiveness.At the same time,because the modification of message content may lead to inconsistent records and have a significant impact on case investigation and judgment,it is particularly important to emphasize the authenticity and integrity of evidence.Therefore,professional means and technical methods such as screenshots,backups,and packet captures should be used to ensure the integrity and authenticity of chat records.If any tampering or deletion is found,preservation measures should be taken promptly to avoid data loss or accidental modification.The other is that there are difficulties in determining the transaction of WeChat transfer records;for example,there may be disputes over the authenticity of transfer record sources,content,purpose,and use.Therefore,in litigation,the authenticity of WeChat evidence is easy to be questioned.WeChat is an "human-machine-human" electronic intermediary communication implemented through proxy machines,which makes WeChat chat records highly invisible,virtual,and easily tampered with.There are certain risks and hidden dangers throughout the entire process of WeChat evidence formation,transmission,arrival,and decryption,so it is necessary to use professional technical means such as identification to inspect its authenticity and reliability.In practice,judicial organs have inconsistent opinions on the attribution of WeChat evidence,and there are cases where WeChat evidence is classified as documentary evidence rather than electronic data.Due to the difference in the authentication rules between documentary evidence and electronic data,there is a phenomenon of confusion in the examination and judgment of the authenticity and uniformity of WeChat evidence when applying authentication rules.To fully achieve the purpose of WeChat evidence authentication,it should be clarified that WeChat evidence is electronic data and the authentication rules for electronic data apply.To efficiently achieve the purpose of authentication,the optimal solution should be selected as much as possible to save judicial resources.When authenticating WeChat evidence,different authentication methods should be used from various aspects that can raise doubts about the authenticity of the evidence.In addition to confirming the authenticity of the subject,it is also necessary to examine the authenticity of the content and form,ensuring that WeChat evidence has not undergone unnecessary deletion,addition,or critical changes since its formation and maintaining its integrity.As for the authenticity of the content and form,the authenticity of WeChat chat records is often affected by modification,editing,forgery,and other factors.To solve this problem,relevant metadata can be extracted from WeChat chat records to determine the authenticity of chat time,chat object,and chat information to prevent malicious tampering.The metadata of WeChat chat records can be analyzed using professional tools to confirm whether they have been modified.For example,adding additional header or footer data in the WeChat chat record file,or even deleted chat records may cause changes in data structure or encoding mode.If these changes can be detected during the authentication process,it can effectively prevent evidence from being tampered with and deceived.The consistency between local data and cloud data can also be compared to further verify the authenticity of chat records,including situations such as data modification,deletion,and addition.Wrapping tools can be used to encrypt the original HASH value of WeChat pictures,voice messages,and other information and compare the results to prevent forgery of images and voice messages.Based on the scene description of the chatting process,text analysis technology can be used to judge the rationality and reliability of chat records,and the program can be used to restore the true situation of the chatting process.In summary,when authenticating WeChat evidence,both the authenticity of the subject and the content and form need to be considered.Various technical means and analysis methods should be systematically used to accurately determine the authenticity and uniformity of WeChat evidence.In addition,in ensuring the authenticity and integrity of WeChat evidence,scientific and reasonable methods of evidence acquisition and preservation,such as feasible backup methods,the restoration and analysis of underlying information,should be adopted.At the same time,attention should also be paid to protecting personal privacy and data security to avoid situations such as evidence tampering,destruction,or leakage. |