Along with the evolution of internet communication in digital era, the internet has been applying in all walks of modern society in 21st century, not to mention the using of internet for the criminal investigation by judicial practice. However, facing this new field of surveillance on the acquisition of internet communication materials, relevant regulations seem to be inadequate and remains to be clarified and reflected. Internet Communication Surveillance interferes fundamental rights concerning the freedom of communication and the self-determination of information, so that it shall be authorized by laws and examined substantively by judges to each case according to the principle of proportionality. In order to prevent the possible abuse of materials acquiring from internet communication, it shall follow the dual-track review system, in advance and afterwards, in regulation. That is, it shall, in advance, comply with the principle of serious crime as well as due procedure strictly, and it is forbidden to use only one single warrant throughout the whole surveillance process and carry out the investigation unlimitedly. In addition, it shall go with the ways afterwards such as strict evidence review and informing to the court concerned afterwards etc., which avoids further infringement of people's fundamental rights by the crime investigation from prosecutors and the police. Internet communication surveillance must cooperate with the industry, especially with software and information industry; otherwise it is hard to decrypt the captured packets. The internet communication industry uses packets as measures to prohibit from the invasion of the third party, which leads to a difficult situation for the internet investigation. Furthermore, related industries refuse to open packets for the reason of secrets protection, and these internet software might, imaginably, become a breeding ground for concealing criminal evidence. Therefore, it is necessary to add new regulation as corresponding legal basis for the new scientific and technological ways of investigation in the future. This article would make relevant suggestions of proper restraints on the internet communication surveillance to avoid the infringement of people's fundamental rights, so that to solve the dilemma of acquiring data from internet communication.