February** Dynamic Incentive Program
According to Chinese laws and relevant policies, it is illegal for individuals or organizations to use circumvention software to access overseas network services without approval. Within the territory of China, no unit or individual may establish or use other channels for international networking, and must use the international entrance and exit channels provided by the national public telecommunications network of the Ministry of Posts and Telecommunications.
If it involves the preservation and notarization of evidence obtained by circumvention software, it needs to be analyzed according to the specific situation
Principle of legalityFirst of all, it is necessary to ensure that the act of collecting evidence complies with Chinese laws and regulations. If the collection of evidence involves illegal acts (such as unauthorized use of circumvention software), both the act and the results may be considered illegal.
Legitimacy of evidence: If the evidence was obtained through legal means, such as if the business or organization applied for and used the VPN service in accordance with the law, and the service was used for a legitimate purpose, then the evidence is legally valid and can be notarized.
Possibility of notarization: If notarization is required for legally obtained evidence, it must be done through a legal notary public. The notary public will review the evidence provided and relevant laws and regulations, and only after confirming that it is correct, will the notarized document be issued.
Consequences of violations: If there is an illegal act during the evidence collection process (such as using or reselling circumvention software without approval), not only will the evidence collection be considered illegal, but the relevant parties may also face legal liability.
Therefore, if it involves circumvention software forensics and evidence preservation, it is recommended to ensure that all actions comply with Chinese laws and regulations. If in doubt, it is advisable to consult professional legal counsel to ensure legal compliance.
*From: Red and Blue Law Author: Qidu Notary Team.