|
|
|
| July 12, 2011 |
|
 |
|
|
|
| |
|
|
| Computer Surveillance Act |
|
|
|
|
As of July 14 the Computer Surveillance Act enters into effect. This law can punish certain acts of expression before an illegal action is staged. It is similar to a law to monitor possible conspiracy. The new act is controversial as it allows law enforcement authorities to rule and control the internet society. A next step that the government and the Ministry of Justice plan to involve in is to legally define crime of conspiracy and to worsen the existing Wiretapping Act.
POLICE AUTHORITY RULES INTERNET SOCIETY
The Computer Surveillance Act contains items as below:
(1) to establish crime of making virus: to punish independently such programming efforts before its usage and/or whether it is virus or not,
(2) to demand network providers and/or administrators to hold user data so that the police authority can monitor communication traffics of individual users as to when, with whom and what is done, without letting them know about the search and without a warrant from the court, and
(3) to allow police authority to look into and seize all data stored in the computer through a search warrant.
These measures grossly violate Constitution: Article 21 guarantees secrecy of correspondence and Article 35 assures the right of all persons to be secure except upon warrant. The controversial new law allows police to rule and control the internet society.
Democratic Party Betrayed to Enact
The formal name of the act is Law to Make Partial Revise of Penal and Other Laws to Respond to Advances in Information Processing. Its enactment is a preparatory step for ratification of the Convention on Cybercrime, which was proposed by the Council of Europe and signed by some 30 countries, including Japan, and for adjustment of relevant national laws. The new act contains, in the separate form, part of the Crime of Conspiracy Bill which has been rejected three times in the Diet. This means a partial introduction of a concept of crime of conspiracy to be established.
The law in question was approved in the Cabinet on March 11 and was presented to the Diet on April 1, even though it contradicts to the constitutional principles. It easily passed the both Houses after speedy debates amid fiasco of the earthquakes, tsunami and nuclear crisis in the northeastern region. It was enacted on June 17, winning approval of the majority of Liberal Democratic Party (LDP), New Komeito and the Democratic Party of Japan (DPJ). The Communist Party and the Social-Democratic Party objected.
The DPJ used to resiliently oppose to the Crime of Conspiracy Bill when the party was the opposition, which contributed greatly to withdrawing the bill. The DPJ, however, after becoming the government, under the Kan government in particular, has changed policy, which is quite similar to that of the administrations led by the LDP and New Komeito. The DPJ smoothly approved the Computer Surveillance Act, which is malicious, and keeps betraying people.
Struggles to withdraw the bill of computer surveillance were organized by civic organizations which had fought against the Wiretapping Act (law to cope with organized crimes) and against Residents' Code System. The civic organizations claimed, No! - State's Surveillance and Control of Society! They took part in the rallies with lawmakers in the Diet and arranged lectures for citizens. The Federation of Bar Associations of Japan issued a statement of Chairman who requested the Diet to make careful debates. The civic movements, however, lost impetus, partly due to DPJ's treacherous behavior, which has eventually led to enactment of the law.
Don't Establish Crime of Conspiracy
Conspiracy is proven when prior talks are detected, and therefore, monitoring communication traffics is a prerequisite. As crime of conspiracy is established, police are ordered to investigate the suspicion and computer surveillance starts at this stage.
Violation of election fraud constitutes crime of conspiracy. With the beginning of campaigns, the police can chase and survey the whole election processes in the open secrecy. Conspiracy Act, Wiretapping Act and Computer Surveillance Act constitute a single body.
Struggles must be enhanced to oppose enactment of Conspiracy Bill. At the same time stronger campaigns must be waged to stop aggravation of the Wiretapping Act. These movements will contribute to preventing the Computer Surveillance Act from being applied abusively, though it is already enacted, pronounced and implemented.
If the Conspiracy Bill, which is today's Peace Preservation Law, becomes a law, police would become very secret police.
|
|
|
|
|
|
