Active Cyber Defense Discussed in the Diet

The lawmakers in the Diet discuss a bill on introducing active cyber defense (ACD) for the police and defense ministry to deal with sensitive information. Although the opposition parties understand the necessity of law that allows the government obtaining necessary information for security, they are careful in checking possibility of breaching freedom of communication. It is also discussed whether preventive measures in overseas can be regarded as attacks on foreign country which is interpreted as prohibited by the constitution. 

Introduction of ACD in information system of the government is required by law enforcement offices and ministry dealing with sensitive security information. The law will allow the government to oversee various information in peacetime, and vest an authority to detoxicate harmful source, when it detects a cyberattack on important infrastructure in Japan.

 

The operation will be exercised in the Committee on Cyber Communication Information Control, which will be established in the government. Recognizing possible concerns on violation of freedom of communication of the people, the bill includes a provision for mandate of reporting to the Diet about the operation. “It is urgent for the government to improve the capability of dealing with cyberattacks, considering growing concern on advanced cyberattack backed by foreign state or improvement of digital transformation in our society,” told Prime Minister Shigeru Ishiba in the Diet discussion.

 

The opposition parties focus on possible breach on privacy of the people through constant oversight on communications by the government. Ishiba stressed that the government would obtain limited information unrelated to fundamental data, including IP addresses or commands to computers. It is supposed that username or conversation in the emails will not be obtained.

 

Another concern is whether detoxication on foreign server consists of offense on foreign land which can be regarded as violation of the constitution. Ishiba explained that the effort would not an exercise of self-defense right, but an enforcement of police power. “It will not violate Article 9 of the constitution which prohibits combat action in international conflict,” said Ishiba, He also expressed his understanding that invasion of sovereignty can be approved in a sort of emergency.

 

Cyberattacks on social infrastructure, such as hospital, financial institutes and ground, sea　and air transportation, can bring a fatal consequence. Acknowledging growing number of those incidents in recent years, the opposition parties do not show a firm opposition to the bill submitted by the government.

 

“A State must not conduct cyber operations that violate the sovereignty of another state,” says Rule 4 of Tallinn Manual, a guideline on international laws applied to cyber operations. It is necessary for Japanese government to have further discussion in international community.

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