TSA Electronic Evidence Fixation Description

Ⅰ.Business Description
The electronic evidence solidification service is an important part of copyright protection services. Infringements often occur on Internet platforms. Traditional protection methods, due to long evidence collection cycles, high costs, and difficulties in judicial acceptance, cannot fully meet the increasingly prominent problem of evidence collection difficulties in the Internet environment. The rampant infringement behavior seriously affects the healthy development of the copyright industry.

Ⅱ.Legal and Technical Basis
1.Article 66, Paragraph 5 of the Civil Procedure Law of the People's Republic of China stipulates electronic data evidence;

2.Article 50, Item (8) of the Criminal Procedure Law of the People's Republic of China stipulates the statutory electronic data evidence;

3.The Electronic Signature Law of the People's Republic of China has detailed provisions on the requirements for the original form of electronic data and the verification methods for reliable electronic documents;

4.The Provisions of the Supreme People's Court on Several Issues Concerning Evidence in Civil Procedure (Articles 14, 93, and 94), the Provisions of the Supreme People's Court on Several Issues Concerning Evidence in Intellectual Property Civil Procedure (Article 19, Item 7), and the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Cases by Internet Courts (Article 11, Item 6) clearly stipulate the methods for recognizing electronic data evidence in litigation procedures.

5.Technical Chain Basis: The logical chain formed by the involvement of multiple entities in the evidence collection process:
1)Irreplicable standard time (National Time Service Center)
2)Unmodifiable data fingerprint (Computer properties)
3)Non-regenerable timestamp data (Timestamp Center)
4)Non-forgeable CA certificate (CA Certification Center)
5)Irreorganizable evidence collection team (Collective behavior, institutional management)
Theoretically, any single reset of the above factors is possible, but in practice, the possibility of human modification after the combination of these factors no longer exists.

Ⅲ.Achievements and Practices
In judicial practice, electronic evidence solidification has been widely accepted in various judicial documents of district courts in Shenzhen, Shenzhen Intermediate Court, and Guangdong Provincial High Court. There are also many cases of acceptance in courts in Guangzhou, Shanghai, Beijing, Hangzhou, Foshan, and other places.
In 2009, Longgang District Court of Shenzhen used the TSA electronic evidence solidification system to obtain electronic evidence according to its authority. In early 2011, under the strong promotion of the Guangdong Provincial Copyright Bureau, a research report on the business of TSA electronic evidence solidification in Guangdong Province was jointly carried out with the Guangdong Provincial High Court. The research results have been included in the "Shenzhen Rule of Law Blue Book" for the year 2015.
 

Ⅳ.Legal Value and Advantages
TSA electronic evidence solidification is a technical service. It does not make any subjective judgment or modify any content during the evidence collection process. It only extracts the hash value (digital fingerprint) of the obtained data message and affixes the timestamp from the Joint Trust Timestamp Service Center, which is provided by the National Time Service Center. It then issues a written solidification report on this process. This is considered electronic data evidence in the sense of the Civil Procedure Law.
The Shenzhen Copyright Association is not a judicial appraisal institution, and the TSA electronic evidence solidification service is not a judicial appraisal business. It is an independent third-party entity with authoritative credibility, and it is a professional institution that carries out electronic evidence solidification services in accordance with the "Guangdong Province Copyright Regulations."

Ⅴ.Specific Operation Instructions
1.Solidification Report: As an independent third-party entity with authoritative credibility, we will take screenshots, record videos, or save copies of the content that needs to be evidenced based on the electronic evidence solidification application and relevant evidence materials submitted by the right holder. We will also assign professional technical personnel to carry out the solidification of electronic evidence in the TSA electronic evidence solidification system. The relevance of the evidence during the solidification process will be actively cooperated with and requested by the right holder during the evidence collection process. After the solidification is completed, an "Electronic Evidence Solidification Report" and an "Evidence CD" will be issued. The solidification report provides a detailed description of the evidence collection process, the objectivity of the evidence, time information, evidence collection institutions, evidence collection personnel, and the verification method of the evidence (The specific content and format of the evidence solidification report shall be based on the "Electronic Evidence Solidification Report Template" in the attachment of this public notice). The report template is shown in the figure below:

2.Evidence Verification: In litigation activities, after logging in to http://verify.tsa.cn and successfully verifying the two files, the original file package in the accompanying CD and the timestamp file (tsa) generated after solidification, it proves that the file is the original unaltered file. The identity information of the solidification entity, the accurate authority of the solidification time, and the integrity of the solidified file content can be accepted as credible. This meets the requirements of the "Electronic Signature Law of the People's Republic of China" for unmodified and reliable electronic documents and has the legal effect of the original and written form.

Ⅵ.Procedure for Handling
1.Appointment for Handling: Please call to make an appointment 1-2 working days in advance, specifying the time for on-site handling.
Phone: 0755-86185516 (Ms. Liang) QQ: 3046047868
Phone: 0755-86185583 (Ms. Huang) QQ: 243224596
Time: Monday to Friday, 9:00-12:00, 13:30-17:30
Location: Room 603, 6th Floor, Building 6, Shenzhen Bay Technology and Ecology Park, Shaxi West Road, Nanshan District, Shenzhen

2.Application Materials and Handling Notes

• Application for Electronic Evidence Solidification 
• Power of Attorney 
• Account Legal Use Declaration (if account login is involved) 
• Valid identification documents (such as business license, ID card, etc.)
• If solidifying WeChat content, please obtain a verification certificate of the consistency between the mobile phone number and personal identity information from the relevant service hall in advance.
• Template for Electronic Evidence Solidification Report (the final report content and format template)

3.Fee Payment: Scan the code on site to pay after the on-site evidence collection is completed.
4.Handling Time Limit: 3 working days after evidence collection (excluding the day of evidence collection).
5.Obtaining Solidification Results: Three copies of the Electronic Evidence Solidification Report (black and white print) and three copies of the CD. (Note: The specific content and format of the evidence solidification report shall be based on the "Electronic Evidence Solidification Report Template" in this public notice. It should be particularly noted that the detailed content of the obtained evidence is recorded on the CD and is not fully reflected in the report. If you need to print the detailed evidence content on the CD, a service fee of 1 yuan per page will be charged.)
The evidence collection results can be picked up in person or mailed via SF Express/EMS on a cash-on-delivery basis.
Self-service protection operation for digital works: https://ipr.tsa.cn/?inviteCode=A0288

 

Note for Downloading Forms: If the applicant is an individual, please download the attachments marked with "(Individual)". If the applicant is a company, please download the attachments marked with "(Company)".

Note: If the applicant is a company, you also need to prepare a copy of the business license (stamped) and the ID card of the authorized representative.

Attachment Download:
Sample Download for Company Applicants:
Attachment 1: Application Form for Electronic Evidence Fixation (Company).doc
Attachment 2: Power of Attorney (Company).doc
Attachment 3: Legal Use Declaration (Company).doc
Attachment 4: Legal Use Declaration (Company Using Personal Account).doc
Sample Download for Individual Applicants:
Attachment 1: Application Form for Electronic Evidence Fixation (Individual).doc
Attachment 2: Power of Attorney (Individual).doc
Attachment 3: Legal Use Declaration (Individual).doc