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(fwd) information on wiretapping in Japan
- To: email@example.com
- Subject: (fwd) information on wiretapping in Japan
- From: firstname.lastname@example.org (Seiji Imai)
- Date: Thu, 10 Oct 1996 01:08:00 +0100
- Comment: This message comes from the debate mailing list.
- Sender: email@example.com
> Date: Thu, 10 Oct 1996 03:20:16 +0900
> To: firstname.lastname@example.org
> From: email@example.com (Toshimaru Ogura)
> Subject: Outline of wiretapping bill and censorship situation in Japan
> Sender: firstname.lastname@example.org
> X-URL: http://www.eff.org/~declan/fight-censorship/
> I live in Japan and now fighting against cyberspace censorship in
> I thik there are many serious problems about wiretapping bill by
> the Ministry of Justice in Japan. First, according to Artcle 4
> of Japanese communication law, communication enterprise like NTT
> cannot leak the secret of user's communication. So it is very
> difficult to monitor phone talking and other communication by
> police. This wiretapping bill is contradictory to the article.
> Second, if the bill will be approved, next step is regulation of
> cryptograph by Japanese government. Dept. of Police argues that
> AUM Shinrikyo, a kind of cult religious group, used cryptogram
> and Police spent a time to decode it. So they think free use of
> cryptograph is not good situation.
> This bill is a result of following situation in Japan. Since
> early this year, some departments of Japanese government
> including MIT I and the Ministry of Postal and Telecommunication
> have been tried to regulate or censor cyberspace by way of self
> censorship system, invisible coercive regulation. Internet
> service provider, academy, school and college are forced to make
> a kind of self censorship guideline. And also, police arrested
> over a dozen people making porn home pages for public indecency.
> Even an ISP was exposed by only having porn homepages in its www
> server. Police demands to check the contents in www server. So,
> most of ISPs censor users' www though such activity is illegal
> as I write above.
> We are now fighting against cyberspace censorship by Japanese
> government and related organizations. If you can read in
> Japanese, please check our Home
> ==outline of wiretapping bill(very rough and summarized translation)==
> The necessary condition of the monitor Public prosecutor or
> police staff can monitor at the following cases;there are the
> sufficient doubtful conditions that the communication relate to
> the criminal practice is done; and when there are nothing of
> substitute methods for the determination of the criminal or
> criminal situation, the public prosecutor or police staff can
> monitor the communication without permission by the persons
> concerned if a judge agree with the monitor. Communication
> includes phone, FAX, computer communication, and so on.
> The crimes concerned are the collective and planned crimes which
> come under the death penalty, the life imprisonment, crimes
> relate to drug and gun and so on. The term of monitor is limited
> to 10 days, but the prolong is possible.
> About the monitor, the public prosecutor or the police stuff can
> demand necessary cooperation from communication enterprises. The
> later must not refuse these demands without justified reason.
> Toshimaru Ogura
> another world Home Page
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