Discussion for Anti-spy Legislation Begins

Recognizing Japan as being a safe haven for international spy agents, Prime Minister Sanae Takaichi launched an experts’ council to discuss enhancement for the government to deal with intelligence. The council examines necessity of laws and organizations to protect sensitive intelligence from leakage to foreign agents. The biggest concern is whether the government of Japan can manage intelligence without violating privacy of the people.

While the 20th century is defined as the century of oil, the 21st century is sometimes called the century of data. Competition over information has been accelerated across the borders. It is thus crucial for a government to protect its sensitive information from spy activities. Not only the United States, which has Foreign Agent Registration Act since 1938, European countries including the United Kingdom and France recently established system for registration of foreign agents.

 

Takaichi administration of Japan has been willing to build such a system, based on the agreement between the Liberal Democratic Party (LDP) and Japan Innovation Party (JIP) last October, which require the government to enhance intelligence capability. Takaichi launched the National Intelligence Council in July and upgraded the Cabinet Intelligence and Research Office to the National Intelligence Bureau.

 

The agreement further demands independent organization for intelligence, which is dubbed as Japanese version of CIA, and anti-espionage legislation. To implement those requests, Takaichi established an experts’ council in September 28th. Members of the council are scholars, business leaders, lawyer or from media organizations. Takaichi announced in the first meeting that she intended to formulate a national intelligence strategy.

 

The council is going to discuss the system of registration of foreign agents who deal with influential information, as the Western countries have made. It is likely that inappropriate intervention in domestic policies or public opinion will be punished. The LDP and JIP hopes related legislation to pass the Diet in next ordinary session convened in January.

 

They also consider another legislation for collecting foreign information. The law will be designed for the government to be able to wiretap conversations without warrant of the court. If the legislation passes the Diet, the government will achieve a great power to sneak into privacy of civilians.

 

It is concerned that the law may violate privacy of the people. “No censorship shall be maintained, nor shall the secrecy of any means of communication be violated,” Article 21 of the Constitution of Japan says. It was reported in August that a section in the Ground Self-defense Force had collected information of some scholars or activists on their “patriotism” or “sentiment on the SDF.”

 

The law for registration of foreign agents may cause arbitral arrest of citizens. It is likely that the government will have a power to determine any individual as an espionage under new legislation for the registration. The opposition parties are going to carefully discuss the legislation in coming session of the Diet.

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