Electronic evidence in the blockchain era: New rules on authenticity and integrity

【Author】 Wu, Hong; Zheng, Guan

【Source】COMPUTER LAW & SECURITY REVIEW

【影响因子】2.707

【Abstract】Issues regarding the authenticity and integrity of electronic evidence have plagued judges worldwide. From a statistical viewpoint, the main cause of the judicial puzzle in dealing with electronic evidence lies in its special physical properties and judges' lack of necessary expertise. With its technical development and widespread application, blockchain technology is showing significant power and is gradually supplanting judges and expert witnesses, who have played a central role in the identification of electronic evidence's authenticity and integrity. In two recent cases, Chinese courts have confirmed for the first time that electronic data stored on or generated by blockchain met the requirements of authenticity and integrity and proposed a specific procedural test to identify blockchain evidence. Although blockchain technology may revolutionise the rules of evidence, it contains inherent risks. Its application in electronic evidence may also indicate the fusion between decentralised technology and the traditional, centralised juridical mechanisms. (C) 2020 Hong Wu and Guan Zheng. Published by Elsevier Ltd. All rights reserved.

【Keywords】Electronic evidence; Blockchain; Authenticity and integrity; Centralised trust structure; Decentralised trust structure

【发表时间】2020 APR

【收录时间】2022-01-02

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