Position Paper_SEOMUN 2011

Japan

Agenda: Deterring cybercrime and ensuring better accountability on the Internet

           Electronic data processing by computer systems started to be introduced into normal business areas in Japan since the 1970s. So-called small internal network systems or stand alone systems were used only by private companies. Important areas introduced and developed external network systems. In banks, especially, computer systems were connected by a common network system for the purpose of online money sending or other transactions. At the same time, the rate of cyber crimes committed by using computer systems had been increasing. Nevertheless, some cyber crimes were not dealt effectively due to an absence of the global standard of law.

           The very first case of cyber crimes in Japan was filed in 1973 at the Tokyo District Court. It was a civil damage case, a pure data theft to be specific. After this case happened, a number of baleful cyber crimes took place. Not only in Japan but in almost all industrialized nations, people discussed and recognized the danger of malicious cyber crimes, and finally came out with the Penal Code of Japan in 1987. This amended Penal Code provided some regulations to ban such crimes or activities and punish them as important cyber crimes. In fact, it is so difficult to legislate and enforce laws in the area of cyber crimes due to lack of laws or delay of legislation to address the information society. There are also some cases of misjudgments by courts due to a sort of misunderstanding or ignorance of the computer technology.

          

           Recently, after Mitsubishi Heavy Industries was hacked, Japan is planning to closely work out with private companies by sharing information on cyber attacks. Tokyo is considering asking private companies to sign an agreement to share information with public bodies without identifying which firms were targeted. Internationally, it is necessary to ratify the Convention on Cybercrime, a treaty dealing with network security breaches and other online crimes by establishing an international network to help investigators. Cooperation is needed from the delegates in this committee, especially those who are concerned about problems involved in legislation and court rulings of increasing cyber crimes.