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Initiate: ‘Thought crime’ — Japan’s new cyber-defense bill to punish companies that don’t cooperate

In this post:

  • A controversial “active cyber-defense” bill expected to be enacted this month will punish private companies that don’t cooperate.
  • The bill, protested in Japan by activists fearing the preemptive nature of the measures, and a big brother-type merger of public and private entities, has been pushed hard by the country’s prime minister, Shigeru Ishiba.
  • IT and telecommunications firms, among others, could be spied on and forced to pay fines if they fail to adequately supply information, according to the legislation.

An impending cyber-defense law would force Japan’s private communications and IT companies, among others, to report potential cyber threats preemptively to the state. The legislation is being protested in Japan as it includes monitoring of telecom companies, and would fine companies in 15 industries up to ¥2,000,000 (~$14,000) for each failure to report a threat. 

Japan’s “Active Cyber-Defense” legislation, expected by some to be enacted this month, could reportedly fine private companies up to two-million Japanese yen each time they fail to report potential cyber threats.

While the fine may seem like a small number, the nature of the potential law is what has opponents especially concerned. It merges public and private entities in an unprecedented way, and involves preemptive spying on telecommunications. Further, the fines could add up, given murky definitions of what might define an infraction.

J-gov to snoop on private communications, punish non-compliance

As local media has previously reported: “The government will acquire and analyze communications information between foreign countries and between domestic and foreign countries. If there are signs of an attack, the police and the Self-Defense Forces will invade the other party’s server and neutralize it.”

Government image depicting the Japanese government (bottom oval in gray) receiving data from major private industries and monitoring telecommunications. Source: Japan Cabinet Secretariat.

On top of the threatened fines in a Japanese economy already stifled by bureacracy and rampant inflation, the bill includes measures that allow for spying on private telecom companies’ networks even in peacetime, though the country’s DX minister Masaaki Taira has promised privacy will be protected. The bill includes measures that involve preemptive “infiltration of an attacker’s computer to render it harmless.”

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At present, 15 major industries could be directly burdened by the impending law, including top cellphone service providers, and activists in Japan are protesting its contents urging residents to (translated by Google): “Oppose preemptive attacks on enemy bases and active cyber defense!”

Tokyo activists speak out against preemptive government spying on the internet and telecommunications in the name of “cyber defense.” Source: kyobozaino.com.

The country’s prime minister, Shigeru Ishiba, has been pushing hard for the active cyber-defense law to be passed since taking office in October last year, and aims to create and Asian version of NATO, while being an ardent supporter of Western military initiatives, and U.S. president Donald Trump.

 

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