Collecting and Preserving Procedures of Electronic Evidence: Analysis of Qvod Player Case in China

Electronic evidence is a new type of evidence emerged in this information society, which challenges modern evidence collecting and preserving. There are two main disputes in Qvod Player Case, one is extraction of electronic evidence, the other is the identification process of collecting electronic evidence. Qvod is a peer-to-peer video-streaming platform, which provided a way for users to watch mostly pirated video and pornography online. In the Qvod Player case, the dispute between the prosecution and the defense mainly focused on the relevance, authenticity, and legitimacy of electronic evidence collected from four servers and obscenity videos. The debate on extraction of electronic evidence focuses on the legitimacy of third-party assistance, the timeliness and the integrity of electronic evidence extraction. The identification problems of electronic evidence are as follows: the qualification of the examiner and the procedure of the identification. This essay will try to analyze the pros and cons of Qvod Player case and explore the ways to promote the ways of collecting and preserving procedures of electronic evidence, which makes the evidence more convincing.

Keywords: Electronic evidence; Qvod player case; Forensic science; Evidence Collection