JAPAN Law and Practice Contributed by: Yoshifumi Onodera, Hiroyuki Tanaka, Naoto Shimamura and Rio Ichii, Mori Hamada
• the use of communications information by the government; • government access to attackers’ servers and the neutralisation of cyberthreats; and • the development of organisational and institutional frameworks. Private-sector entities directly affected by the Active Cyber Defence Acts include critical infrastructure operators (see 2.1 Scope of Critical Infrastructure Cybersecurity Regulation ), businesses related to systems used by critical infrastructure operators, tel - ecommunications carriers, and IT vendors. In addition to the regulatory framework applicable under the Economic Security Promotion Act (see 2.2 Critical Infrastructure Cybersecurity Requirements ), critical infrastructure operators are subject to obliga - tions to submit notifications upon the introduction of specified critical computers that could affect core sys - tems in the event of a cybersecurity breach, as well as obligations to report security incidents when they become aware of such incidents. They may also be requested by the government to engage in consul - tations towards the conclusion of agreements con - cerning the sharing of communications information, and to co-operate by participating as members of government-established councils. Telecommunications carriers may be required to take measures to provide specified communications data in response to requests from the government. IT vendors may be required to implement damage prevention measures and to submit reports or mate - rials concerning vulnerabilities related to hardware designated as specified critical computers by criti - cal infrastructure operators, as well as programmes incorporated therein. In addition, they may be required to co-operate with critical infrastructure operators to enable them to properly fulfil their obligations to report security incidents. The jourei , or ordinances, enacted by local governments contain public-sector obliga - tions. The Unfair Competition Prevention Act prohibits the infringement of trade secrets and provides for caus - es of actions in civil cases, such as compensation
for damages and injunctive relief, as well as criminal sanctions. Data used in services that are accumulated to a significant extent and managed by electronic or magnetic means and shared with limited specific per - sons are protected as “limited provision data”. Unau - thorised acquisition or utilisation of data for limited provision may be deemed to be unfair competition, which is subject to compensation for damages and injunctive relief but not criminal sanctions. The Act on the Prohibition on Unauthorised Computer Access outlaws: • the use of another person’s identification codes (eg, passwords) to access remote computers via telecommunications networks; • inputting information (excluding identification codes) or commands to evade access restrictions on remote computers via telecommunications networks; • obtaining, supplying or storing someone else’s identification codes without legitimate reason (Arti - cles 3, 4, 5 and 6); and • phishing or creating a false impression of being a network administrator and requesting identification codes (Article 7). The Penal Code prohibits: • the creation of false electromagnetic records that are related to rights, duties or the certification of facts (Article 161-2); • fraud by using computers (Article 246-2); • the destruction of electromagnetic records in use by a public office or concerning private rights or duties (Articles 258 and 259); • the obstruction of business by damaging comput - ers or electromagnetic records or causing them to operate counter to their original purpose (Article 234-2); and • the creation, provision, acquisition or storage of computer viruses (Articles 168-2 and 168-3). The Telecommunications Business Act requires tel - ecommunications carriers to ensure the secrecy of communications (Article 41.6 (iii)) and to report serious breaches to the Ministry of Internal Affairs and Com - munications (MIC).
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