Presentation 2016-06-02
Secrecy Laws in Japan and communication technologies
Makoto Koike,
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Abstract(in Japanese) (See Japanese page)
Abstract(in English) Conventionally, the National Government Official Act, the Local Government Official Act, and the Self Defense Forces Act in Japan provide obligation to keep secret on the public officials in the national government, the local governments, and the Ministry of Defense as well as the Self Defense Forces, respectively, and an act of intentionally violating the secrecy obligation is punishable under the law. Act on the Protection of Specially Designated Secrets, which is abbreviated as the State Secrecy Act hereinafter, was enacted in December, 2013 and enforced in December 2014. The State Secrecy Act introduces new provisions to punish the illegal acquisition of secret information in addition to the intentional violation of the secrecy obligation. Therefore, one of the objective of the State Secrecy Act prevents espionage activity, and this is the first time in the history of the Japanese legal system after the WWII to incorporate the counter espionage measures. However, the State Secrecy Act would not impede the research activity nor the presentation and publication of the results of the research. Academic freedom in the Constitution of Japan is emphasized against the potential abuse of the State Secrecy Act. Specifically, an act committed in the pursuit of lawful business is unpunishable under Article 35 in the Penal code of Japan, and an interpretation thereof should incorporate the academic freedom of Article 23 of the Constitution of Japan.
Keyword(in Japanese) (See Japanese page)
Keyword(in English) Japanese Secrecy Laws / Act on the Protection of Specially Designated Secrets / formal secret / true secret / secret communication / information theory / microwave auditory effect
Paper # SITE2016-4
Date of Issue 2016-05-26 (SITE)

Conference Information
Committee SITE / IPSJ-EIP
Conference Date 2016/6/2(2days)
Place (in Japanese) (See Japanese page)
Place (in English) Institute of Information Security
Topics (in Japanese) (See Japanese page)
Topics (in English)
Chair Hitoshi Okada(NII) / Itaru Kaneko(Tokyo Polytechnic Univ.)
Vice Chair Tetsuya Morizumi(Kanagawa Univ.) / Masaru Ogawa(Kobe Gakuin Univ.)
Secretary Tetsuya Morizumi(Kyushu Univ.) / Masaru Ogawa(Gifu Shotoku Gakuen Univ.) / (Hikari Sogoh Lowoffices)
Assistant Kanako Kawaguchi(Tokyo Univ. of the Arts)

Paper Information
Registration To Technical Committee on Social Implications of Technology and Information Ethics / Special Interest Group on Electronic Intellectual Property
Language JPN
Title (in Japanese) (See Japanese page)
Sub Title (in Japanese) (See Japanese page)
Title (in English) Secrecy Laws in Japan and communication technologies
Sub Title (in English)
Keyword(1) Japanese Secrecy Laws
Keyword(2) Act on the Protection of Specially Designated Secrets
Keyword(3) formal secret
Keyword(4) true secret
Keyword(5) secret communication
Keyword(6) information theory
Keyword(7) microwave auditory effect
1st Author's Name Makoto Koike
1st Author's Affiliation Makoto Koike Microwave Research Institute(MK Microwave Research)
Date 2016-06-02
Paper # SITE2016-4
Volume (vol) vol.116
Number (no) SITE-71
Page pp.pp.37-41(SITE),
#Pages 5
Date of Issue 2016-05-26 (SITE)