TSA Electronic Evidence Fixation Description

Considering frequent occurrence of copyright cases, Shenzhen Copyright Society has forged the TSA electronic evidence fixation platform to provide users and all circles of the society with convenient and effective electronic evidence fixation service and help copyright holders fix various evidences on the Internet and other electronic data evidences.

I. Legal Basis for TSA Electronic Evidence Fixation:

The Electronic Signature Law of the People's Republic of China

Article 4 If a data message can tangibly express the recorded content and is available for retrieval and check anytime, it shall be seen as the written form that meets legal and regulatory requirements.

Article 5 A data message meeting the following conditions shall be seen to satisfy the formal requirements for original stipulated by laws and regulations:

1. It can tangibly express the recorded content and is available for retrieval and check anytime;

2.  It can reliably assure that the contents are kept intact and free from modification as of the time of final formation. Nevertheless, the addition of endorsement to the data message or formal change made during storage and display will not affect the integrity of the data message.

Article 6 A data message meeting the following conditions shall be seen to satisfy the file storage requirements for original stipulated by laws and regulations:

1. It can tangibly express the recorded content and is available for retrieval and check anytime;
2. The format of the data message is the same as that when it is generated, sent or received, or the format is not the same but capable to accurately express the content formerly generated, sent or received;
3. It can identify the sender, receiver, sending time and receiving time of the data message.

Article 7 Data message can't be denied for evidence purpose only because it is generated, sent, received or stored in the electronic, optical, magnetic or similar manner.

Article 8 When reviewing whether a data message is authentic as evidence, the reviewer shall consider the following factors:

1. Whether the method to generate, store or transmit the data message is reliable;
2. Whether the method to keep the integrity of contents is reliable;
3. Whether the method to identify the send is reliable.

The aforesaid provisions of the Electronic Signature Law describe how to confer the legal effect on the written form of electronic files, how to generate and save files that are reliable electronic files meeting legal requirements and how to identify the generating time, integrity of contents and other requirements in relation to electronic files. The TSA electronic fixation business is implemented strictly in accordance with the Electronic Signature Law of the People's Republic of China.

The Civil Procedure Law of the People's Republic of China (Amendment adopted on August 31, 2012)

Article 63 Evidences include:

1. Statements of the party concerned;
2. Written evidences;
3. Material evidences;
4. Audio and video data;
5. Electronic data;
6. Witness' testimony;
7. Appraisal opinions;
8. Survey records.

Evidences shall be validated as authentic to serve as the basis for confirming the fact.

The recent amendment identifies “electronic evidence” as a new evidence type and provides a mighty legal basis for electronic data to serve as effective evidence in litigation and right protection.

The Provisions of the Supreme People's Court Concerning Several Issues during the Internet Court's Case Trial was adopted at the 1747th meeting of the Trial Committee of the Supreme People's Court on September 3, 2018. It is now issued for implementation as of September 7, 2018.

Article 11 When a concerned party disagrees with the authenticity of electronic evidences, the Internet court shall review and judge the authenticity of the electronic evidence generation, collection, storage and transmission processes based cross-examination results, and mainly review the following contents:

1. Security and reliability of the computer system and other software/hardware environments serving as the basis for generation, collection, storage and transmission of electronic data;
2. Whether the generation entity and time of the electronic data are explicit, and whether the contents expressed by the evidence are clear, objective and accurate;
3. Whether the storage and saving media of electronic data are explicit, and whether the means and methods of storage are appropriate;
4. Whether the electronic data collection and fixation entity, tool and method are reliable, and whether the collection process can be presented again;
5. Whether the contents of the electronic evidence are true with addition, deletion, modification, incompleteness or other situations;
6. Whether the electronic data is verifiable in specific form.

The Internet court shall confirm the electronic evidences submitted by the concerned party, provided that they can prove the authenticity through electronic signature, trusted time stamp, hash value check, other technical measures of evidence collection, fixation and anti-tampering, or through the authentication with the electronic evidence collection and storage platform.

II. Audit Analysis of Authoritativeness and Reliability of TSA Electronic Evidence Fixation Platform:

Logical chain derived from the involvement of multiple entities in the evidence collection process

1. Non-duplicable standard time (National Time Service Center)
2. Non-modifiable data fingerprint (computer attribute)
3. Non-reproducible time stamp data (time stamp center)
4. Unforgeable CA certificate (CA authentication center)
5. Non-restructured evidence collection team (collective behavior and system management)

Any of the aforesaid item may be separately resettable in theory, but after stacked together, they will no longer be artificially modifiable in practice.

III. Concrete Operating Flow of TSA Electronic Evidence Fixation Platform:

As an independent third-party entity with authoritative public credibility, the Society will shot, record, duplicate and save relevant webpage based on the application for electronic evidence fixation and relevant evidence documents submitted by the right holder, and assign technical professionals to fix these electronic evidences in the TSA electronic evidence fixation system. The right holder should actively assist the Society to assure the correlation of evidences in the fixation process and submit relevant application. After fixation finishes, the Society will issue an “Electronic Evidence Fixation Report” and an “Attached Evidence Compact Disk”. The fixation report will describe in detail the evidence collection process, data element, time information, evidence collection agency, evidence collection staff, evidence verification and other elements.

During a litigation or copyright protection campaign, the Society can use the TSA Electronic Evidence Fixation System to validate an original evidence file package, a time stamp file (extension tsa), an electronic file proving the identity information of the fixation entity (extension p7s) in the attached compact disk. After validation succeeds, the Society can confirm the accuracy of the identity information of the fixation entity and fixation time as well as the integrity of contents. This will confirm the files in the compact disk meet the requirements for reliable electronic files as stipulated by the Electronic Signature Law of the People's Republic of China, have the legal effect of original and written form and can serve as effective evidences during litigation and copyright protection.

IV. Documents Required to Apply for TSA Electronic Evidence Fixation:

• Original of application for TSA electronic evidence fixation
• Qualification documents proving the applicant: Submit the original of the corporate business license or the identity certificate of the natural person for verification and reserve the duplicate
• Original of the Letter of Authorization: Specify powers delegated to the consignee to handle electronic evidence fixation to the extent of authorization
• Relevant copyright vouchers and evidences involved in suspected infringement: Such as works copyright certificate, trademark certificate, patent certificate, authorization contract, original of design drawing, TSA time stamp certificate, original file and other evidences

Table Download:

Electronic Evidence Fixation Application (Corporate).doc

Electronic Evidence Fixation Application (Personal).doc

Letter of Authorization.doc

Statement on Legitimate Use of Account (QQ).doc

Statement on Legitimate Use of Account (Mobile Phone).doc

Statement on Legitimate Use of Account (Taobao.com).doc

Statement on Legitimate Use of Account (WeChat).doc

Statement on Legitimate Use of Account (Email).doc

Statement on Legitimate Use of Account (System).doc

1. Office Address: Room 602, 6F, Sida Plaza, 19 Meilin Road, Futian District, Shenzhen
   Tel: 0755-86185516 (Miss Liang)       QQ: 3046047868
2. Office Address: Room 603, 6F, Building 6, Shenzhen Bay Scientific Ecology Park, Shahe West Road, Nanshan District, Shenzhen
   Tel: 0755-86185516 (Miss Wu)          QQ: 2909785108