Japan

CyberLaw Ecosystem

Overview

    Japan signed the Convention on Cybercrime in 2001 and the Diet passed it in 2011.

    Japan's cyber law ecosystem comprises:

  • Act on Prohibition of Unauthorized Computer Access - which prohibits acts of unauthorized computer access. An interesting feature of the Unauthorized Computer Access Law is the requirement to publicize , at least once a year, the situation of occurrence of acts of unauthorized computer access and the situation of research and development of the access control function-related technology. This is required to be done in order to help protect against acts of unauthorized computer access.

  • The Penal Code, which penalises the "Obstruction of Business by Damaging a Computer" and "Computer Fraud". This Code also applies to any Japanese national who commits Computer Fraud anywhere in the world.

  • The Code of Criminal Procedure, which contains provisions relating to, the investigation of criminal cases including those involving digital evidence.

  • The Rules of Criminal Procedure made to ensure the speedy and fair judicial proceedings expected under the Constitution.

  • The Act of Extradition, which governs Japan's extradition process. Also related to this is the Act on International Assistance in Investigation and Other Related Matters.

  • The Basic Act on Crime Victims, which indicates the direction that policies for crime victims, etc. should take.