Government Wrapped Up Cyber Security Bill

Shigeru Ishiba Cabinet made a decision for introducing active cyber defense in the government of Japan and submitted related bills to the Diet on February 7th. While the law will enable the government to sneak into private networks for protecting important information, it has been concerned that the government would violate privacy of the people. The leaders of Ishiba Cabinet stress their effort not to breach basic human rights and business activities of private companies. 

Vulnerability of communication system in Japan has been pointed out for a long time. It was reported that Japan Aerospace Exploration Agency (JAXA) had been stolen its critical information on exploration plan of the Mars in 2023 and 2024. Chinese hacker group, MirrorFace, is suspected to be involved in the cases. National Police Agency revealed earlier this year that it confirmed 210 cases of cyberattack on Japanese public offices and companies since 2019.

 

Active cyber defense is a concept for enhancing cyber security and prevent such loopholes as seen in the case of JAXA. The government is taking measures, based on the new law, through enhanced communication between the government and private sector, observation of information in communication systems, and intrusion on enemy’s communication and disarming the attacker.

 

The bill designates fifteen kinds of industry, which the government require to submit the list of their computers. Energy supply system of power companies or operation system of trains in railway companies is supposed to be under control of the government. Those industries also include airlines, broadcasters, credit card companies, sea transporters or major private banks.

 

An experts’ committee for the government has paved the way to introduce cyber security measures last November. “No censorship shall be maintained, nor shall the secrecy of any means of communication be violated,” says Article 21 of the Constitution of Japan. The report of the committee describes that secrecy of communication can be restricted for the public welfare, even though information should basically be protected from censorship.

 

The government will establish new independent organization to oversee the measures for cyber security. When the government needs to analyze communication between foreign countries or international communication in and out of Japan, it has to obtain an approval from the organization. The observation should be limited within six months for communication between foreign countries and three months for exchanging information between Japan and foreign country.

 

The government emphasizes its effort for protecting privacy. “It is consistent with secrecy of communication. The government does not look into what the people are talking about or exchanging through emails,” said Chief Cabinet Secretary, Yoshimasa Hayashi. However, some experts are still skeptical about how the independent organization will really be independent from the government.

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