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Annual report of warrant chain in 2021: industry development trend, laws and regulations and typical evidence collection cases

Time : 21/04/2022 Author : v1heou Click : + -
        In the past 2021, with the attention and support of friends from all walks of life, the electronic deposit business of the blockchain has been further developed. The warrant chain research department wrote the annual report of the warrant chain in 2021: industry development trend, laws and regulations and typical evidence collection cases to summarize the observation and business experience of the warrant chain on the industry, and provide a reference for warrant chain users, partners and friends who pay attention to the blockchain electronic evidence industry. The annual report is divided into three parts: industry development trend, laws and regulations and typical evidence collection cases. In the part of industry development trend in Chapter 1, the relevant data in the text are from third-party research institutions, Supreme Court data and Internet court public data.
 
        In the part of typical forensics cases, the warrant chain combs ten cases of typical forensics applications of the warrant chain in 2021, of which 5 cases are from the public judgment documents of the warrant chain applications and 5 cases are from the typical application scenarios of the warrant chain customers. In 2021, the blockchain electronic forensics industry will develop rapidly as a whole, the market will change from small incision application to large-scale development, and the market inflection point will appear. The advantages of blockchain electronic forensics in improving business efficiency and reducing the cost of forensics are increasingly apparent. The two major functional products of data traceability and online and offline space infringement forensics have begun to show strong customer acquisition capabilities. According to the survey data of digital security, the market scale of China's electronic data forensics industry is about 338 million yuan in 2010. By 2020, the market scale of the electronic data forensics industry will increase to about 1.912 billion yuan. The electronic data forensics market will maintain an annual growth rate of more than 20% and continue to grow rapidly.
 
        The number of data on the chain of blockchain electronic evidence. Take the data on the chain of Beijing Internet Court judicial alliance and the chain of Tianping chain as an example. As of January 2021, there were 47 million data on the chain of Tianping chain, 100 million online, and online times. The chain data and verification data of the balance chain increased by 112% and 42% respectively. The warrant chain is the application access system of the balance chain of Beijing Internet court. In the past 2021, I deeply felt the rapid development of the industry. In 2021, the number of certificates on the warrant chain increased by nearly 40%. At the capital level, since the peak of private equity institutions' participation in the legal technology industry in 2016 and 2017, private equity institutions and leading listed companies have always kept close attention and interest in the field of blockchain forensics.
 
        In 2020 and 2021, there were more than 10 financing events in the legal science and technology industry. In 2018, the Internet courts in Beijing, Hangzhou and Guangzhou were established and the judicial alliance chain was put into operation, and the blockchain electronic evidence industry was launched. After three years of exploration and development, the industry participants, including notarial offices, judicial appraisal institutions, Internet technology companies, blockchain technology companies and traditional enterprises of industry resources, began to rationally evaluate the market value. The blockchain electronic evidence market has a low ceiling, strong judicial content, and certain technical content. The industry competition is increasingly fierce, and the industry has entered the first round of internal adjustment. Some notarial offices have temporarily suspended the access to the blockchain technology platform, and the notarial business has returned to the advantages of legal relations and factual notarization. In view of the limited iterative capacity of technology research and development, some notarial offices have voluntarily abandoned the high-frequency and technical blockchain electronic forensics business; Some traditional enterprise market subjects with industry resources began to strategically withdraw from the electronic evidence market and focus on their core businesses due to market positioning, enterprise culture and other factors; Internet companies and blockchain technology companies attach great importance to the underlying technology market of blockchain, the application field of blockchain technology and the huge market scale of data commercial deposits, and adopt a conservative market strategy for blockchain electronic evidence business.
 
        At the same time, a number of traditional network data security and traditional forensics large enterprises will deploy blockchain technology in 2020 and 2021. Although the market is late, they have the advantages of customer resources and forensics technology. We believe that the blockchain electronic evidence business matches its own long-term development direction, and the third-party forensics platform company that can gain accumulated added value in the continuous development of the blockchain electronic evidence business can achieve sustainable development in the industry and further meet the professional forensics needs of users. At present, the application of blockchain electronic evidence market is mainly concentrated in the fields of intellectual property rights protection, online shopping and online finance. The number of cases is at a sustained high level, and infringement acts are frequent.
 
        According to the data of the Supreme Court, the number of first instance cases of all kinds of intellectual property accepted by courts nationwide increased from 101000 in 2013 to 467000 in 2020, with an average annual growth of 24.5%. From 2018 to 2020, the three Internet courts in Beijing, Hangzhou and Guangzhou received 217256 new Internet cases of first instance and concluded 208920. As of September 24, 2021, Guangzhou Internet court had accepted 147694 cases and concluded 134500 cases. Beijing Internet court received 55926 new cases and closed 46005 cases in 2021. On September 22, 2021, the outline for building a strong country with intellectual property rights (2021-2035) was issued for the first time in the name of the Party Central Committee. The state attached unprecedented importance to intellectual property rights, and the demand for intellectual property protection and evidence collection continued to grow.
 
        In the field of online finance, the judicial analysis report on Internet Financial Disputes of Guangzhou Internet court shows that from September 2018 to August 2020, the Guangzhou Internet court accepted 40522 Internet financial disputes, of which 25868 cases were related to financial institutions using blockchain technology to collect, fix and store electronic loan contracts, realizing batch fast trials. In 2021, there will be an obvious trend of high-end user types. Listed companies of film and television culture, leading enterprises of Internet e-commerce and established institutions in the intellectual property protection industry will increase the purchase of blockchain electronic evidence. In 2021, the first county-level Court (people's Court of Yiyuan County, Shandong Province) of the warrant chain recognized that the warrant chain forensics application judgment was published, which helps to strengthen the confidence of users who carry out rights protection business nationwide.
 
        At the same time, we can see that the types of blockchain electronic evidence users are gradually diversified and are gradually being widely used in various legal affairs of social subjects. In 2021, the application frequency of internal data storage and evidence collection, data security and compliance evidence collection, personal information protection and evidence collection, network virtual property and offline scene evidence collection will be enhanced. After more than three years of market cultivation and public release of a large number of application judgment cases, users' doubts about the authenticity, compliance and judicial recognition of blockchain electronic evidence have been reduced. Users, especially batch forensics users, pay more attention to the user experience of the third-party certificate storage platform. On the one hand, they pay attention to the improvement of the functions of the technical platform, such as the speed of uploading, downloading and verifying evidence, and the ability of customized product development; On the other hand, it pays attention to value-added services, including typical forensics scenarios, forensics steps and process training, and one-stop rights protection services.
 
        The third-party certificate deposit platform combines its own advantages to deepen products and services. When uploading evidence materials on the electronic litigation platform of Beijing Internet court, if the electronic evidence is too large to be uploaded to the electronic litigation platform, according to the requirements of the court, "the online disk can be uploaded, and then the link and extraction code of the online disk can be uploaded to the submission item of the party's materials on the electronic litigation platform so as to be pushed to the other party". The warrant chain develops the function of "electronic evidence extraction code" for the submission of large evidence files of film and television rights protection users. The user generates the electronic evidence extraction code, sends the link of the evidence extraction page and the evidence extraction code to the opposite party, or uploads it to the court's electronic litigation system.
 
        In the customized service, the warrant chain has developed the "electronic evidence data rights management system" for the real-time traceability of online data on the e-commerce platform and the demand for batch issuance; "Blockchain solution - worry free permanence" developed by Ancun Technology "It provides securities deposit business for the securities industry; trust technology provides one-stop service for financial data deposit and case rights protection and distribution. Although the blockchain technology is gradually improved and the third-party deposit platform system and processing experience are increasingly rich, the industry technology as a whole is still in the development stage. When users use blockchain electronic forensics tools, they will face the instability of blockchain underlying technology and forensics tools software, forensics equipment and software Compatibility and other issues need continuous improvement.
 
        According to the data of the Supreme Court, from January 1, 2020 to May 31, 2021, the number of courts nationwide was% online; Online 10000 pieces; Many online courts have been connected to the "China Mobile micro court" for hundreds of millions of times, providing the public with a full chain and one-stop online litigation service. The construction of the intelligent litigation service system has been accelerated due to the epidemic, which has promoted the development of the blockchain electronic forensics industry. In June 2021, the Supreme Court issued the first judicial interpretation of the people's court online litigation rules, which guides the national courts to conduct online litigation Make clear the validity of the presumption that the data stored in the blockchain has not been tampered with after being uploaded; Authenticity audit rules after and before the chain has been uploaded; The system solves the authenticity identification of blockchain certificates.
 
        After three years of improvement in the level of judicial interpretation, the legal validity of blockchain electronic evidence has gradually expanded from the trial of Internet court cases and civil litigation cases to the universal application of the three major procedural laws. Although the application of blockchain evidence in criminal proceedings is limited at present, the rules further deepen the depth and breadth of the application of blockchain evidence in the judicial field, greatly enhance the confidence of market participants and users, and promote the orderly development of the blockchain evidence industry. On March 9, 2021, the general office of the Ministry of human resources and social security issued the notice on releasing professional information such as integrated circuit engineering technicians. The "electronic data forensics analyst" was included in the occupational classification catalogue, promoting the standardization and specialization of the "electronic data forensics analyst", and strengthening and improving the industry content and status of employees.
 
        If the electronic data submitted by the parties as evidence is stored through the blockchain technology and is consistent with the technical verification, the people's court may determine that the electronic data has not been tampered with after being linked, unless there is sufficient evidence to the contrary. If a party raises an objection to the authenticity of the electronic data stored by the blockchain technology after being uploaded and has reasonable reasons, the people's court shall make a judgment in combination with the following factors:. If the party concerned proposes that the electronic data has no authenticity before being stored on the chain, and provides evidence to prove or explain the reasons, the people's court shall examine it. According to the circumstances of the case, the people's court may require the party submitting the electronic data stored by the blockchain technology to provide evidence to prove the authenticity of the data before the storage on the chain, and make a comprehensive judgment based on the specific source, generation mechanism, storage process, notarization by a notary institution, third-party witness, and related confirmation data of the data before the storage on the chain.
 
        If the parties fail to provide evidence or make reasonable explanations, and the electronic data cannot be mutually confirmed with other evidence, the people's court shall not confirm its authenticity. The parties concerned may apply for a person with expertise to put forward opinions on technical issues related to the storage of electronic data by blockchain technology. The people's court may, upon the application of the party concerned or ex officio, entrust the authentication of the authenticity of the electronic data stored by the blockchain technology, or call other relevant evidence for verification. The information carrier reflecting the facts of the case formed based on the new technology, such as the third-party deposit certificate and the evidence formed based on the blockchain technology, can be provided by the parties as evidence. For the evidence mentioned in the preceding paragraph, the authenticity, reliability and relevance of the information contained in the evidence shall be comprehensively judged according to the formation process, manifestation and specific content of the evidence, in combination with the characteristics of the new technology, to determine its evidence effectiveness;.
 
        If the electronic data under the information network environment is subject to notarial preservation or blockchain certificate preservation, it shall be reviewed from the aspects of the production process of notarial documents, the generation process of blockchain certificate records, the formation process of the web page and its release time, the qualification and credit status of the website managing the web page, the technical means adopted by the company, and the technical environment of the blockchain certificate. If the work claimed by the plaintiff is a work published on the Internet, it may provide a screenshot of the web page; if the defendant does not approve the work, it may request an on-site inspection; If it is impossible to conduct an inspection, the plaintiff may provide a notarial certificate or a web page fixed by electronic storage technologies such as blockchain and timestamp.
 
        Article 38 notarial institutions are encouraged to innovate notarial service methods, optimize notarial processes, and use technologies such as electronic signature, data encryption, and blockchain to provide notarial services for the creation and application of intellectual property rights, rights relief, dispute resolution, and extraterritorial protection. Third party access card: in order to reduce the risk of electronic data being tampered with, the parties can save and extract electronic data through the third party access card platform. The third-party access card platform can adopt anti tamper technologies such as electronic signature, integrity verification, trusted timestamp, blockchain and digital watermark. The Municipal Copyright Department organized the establishment of a digital registration platform for copyright, provided services such as digital registration of rights, electronic certificate storage, and transaction circulation by using blockchain and other technical means, and effectively connected with the evidence storage system of the people's court, so as to provide support for the obligee to clarify the source of rights, improve the utilization efficiency, and reduce the cost of rights protection.
 
        We will use the blockchain to establish digital credible certificates, and establish a new type of evidence collection mechanism in the fields of judicial evidence, real estate registration, administrative law enforcement, etc. Give full play to the advantages of blockchain in the field of copyright protection, and improve the management of rights confirmation, authorization and protection of digital copyright. The cases selected in the report follow the three indicators of "type, wide range of use and market attention", Including "Book piracy infringement evidence, clothing design drawing e-commerce infringement evidence, portrait right app infringement evidence, county-level court blockchain evidence identification, mobile phone simulator evidence, game development contract dispute evidence, IPTV infringement evidence, text works reprint infringement evidence, art works blockchain batch confirmation registration, e-commerce online data blockchain traceability certificate".
 
        Labor and social security press and Beijing Qingda Dongfang and other disputes over infringement of the distribution rights of works (2020) Jing 0107 min Chu No. 16285. Authorized by the China Fire Protection Association, China Labor and social security press has obtained the exclusive publishing rights of fire protection facility operators and information network dissemination rights. It was found that Qingda training school issued (attached) and used pirated books during the training of fire-fighting equipment operators, and then filed a lawsuit with the court. Qingda Dongfang recognized the authenticity of the evidence of the warrant chain, and the court supported the press's claim to compensate the economic loss of 50000 yuan and the reasonable expenditure of 2620 yuan. 1) Web page Forensics: conduct web page forensics on the official website of Qingda Oriental Training School in Beijing.
 
        The registration information, class opening information and tuition fees, project introduction, teacher introduction, school profile, qualification and number of students of the fire protection facility operator on the homepage of the official website in Beijing are fixed; Fix the ICP registration information and IP address of Beijing station on the official website of Qingda Oriental training school;. Erdos clothing design is a clothing design drawing with animal theme patterns. The cashmere sweaters produced by this work are sold in Erdos flagship store of tmall platform. Erdos clothing found through "" that the animal patterns on cashmere sweaters sold by LANDZ in its stores on tmall platform were identical with those in its works, and then filed a lawsuit to the court. The court supported the claim and awarded a compensation of 80000 yuan for economic loss and 653 yuan for evidence collection, totaling 80653 yuan.
 
        The enterprise use right certificate chain obtains evidence for the internal stored data information. In this case, the Erdos clothing use right certificate chain obtains evidence for the creation time of the subsidiary information of the picture manuscript. 1) Certificate chain PC end video recording and evidence collection: evidence collection of the contents of the garment design draft documents. The video shows the JPG format file and content of the garment design draft stored on the computer, showing that the file was created on December 15, 2018, which proves that the work involved was created in December 2018. Xu * * and the network infringement liability dispute (2020) Jing 0491 min Chu No. 35846 of Yinshi daiou Meifa and Sankuai technology. In February 2020, Xu * * posted his personal photo on the Internet through the photographer's personal micro blog.
 
        Xu * * found north
 
        
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