Octopus Cybercrime Community

Legislation pertaining to cybercrime is implemented in Japan through several legal acts including: Penal Code and Act on Prohibition of Unauthorized Computer Access. Substantive law provisions related to child pornography can also be found in the Act on Regulation and Punishment of Acts Relating to Child Prostitution and Child Pornography, and the Protection of Children.

Japan has revised its cybercrime laws, in 2011, implementing part of substantive law provisions of the Budapest Convention.

The 2011 revision of the Penal Code criminalises the production, provision etc. of a computer virus as well as the procurement and storing of computer virus without legitimate reason (Art. 6 BC). Another added element is the criminalisation of attempt of interference with a computer system (Art 11 BC). The revised Penal Code also criminalises more clearly the distribution of obscene materials, amendment made for child pornography also.

The Act on Prohibition of Unauthorized Computer Access provides legal definitions for a number of related terms, including 'act of unauthorized computer access'(Art. 3). The Act prohibits acts of unauthorized computer access and a number of other related acts and actions (acts of obtaining someone else’s identification code, acts of facilitating unauthorized computer access, etc.).

Additionally, the Act outlines functions and responsibilities of Japan's local and national public agencies (including National Public Safety Commission, Minister for Internal Affairs and Telecommunications, and Minister of Economy, Trade and Industry) in preventing acts of unauthorized computer access and protecting devices and users from such acts. The Act also introduces and describes criminal liability for acts of unauthorized computer access and related acts.

(Source: https://cyberpolicyportal.org/en/states/japan)

Both the Penal Code and the Code of Criminal Procedure were revised in 2011, entering into force on 14 July 2011, respectively 22 June 2012.

Revision of criminal procedure under the same process introduced powers of preservation, production and search and seizure compliant with the Convention requirements.

The revisions introduced to the Code of Criminal Procedure provides more specifically for a new power of seizure of stored computer data (Art. 18 – 19 of BC) – instead of seizing the computer or server itself, it is now possible to copy the data from the computer and seize the computer- data storage medium instead, without the consent of the owner or custodian. Previously, with consent LE could seize the computer itself storing the data as well as copy the data from the server computer and seize the data storage medium. Copying data from the server and seizing the data storage medium did not require consent. As was the seizure of data stored in a computer which is networked and accessible to another computer. The second amendment brought to the Code of Criminal Procedure introduces the production order in the sense of Art. 18 and Art. 19 of the BC. The third amendment is related to the seizure of computer after copying data from a remote server. The final revision introduces the possibility of request for preservation of traffic data for up to 60 days. (Source: https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=09000016806b9868)

Horizontally applicable safeguards and guarantees apply.

Procedural powers related to Preservation Order (Art. 16 and Art. 17) require a judicial warrant in certain cases. Likewise, Production order (Art. 18) requires judicial warrant in certain cases.

Basic Act on Cybersecurity

Act on the Protection of Personal Information (APPI)

Act on the Protection of Personal Information Held by Administrative Organs

Authority for extradition and provisional arrest in the absence of other treaties (Article 24)

Ministry of Foreign Affairs

International Safety and Security Cooperation Division, Foreign Policy Bureau

2-2-1 Kasumigaseki, Chiyoda-ku, Tokyo 100-8919, Japan

Tel: +81 3 5501 8206Fax: +81 3 5501 8205

Web-site: www.mofa.go.jp

Authority for Mutual Legal Assistance in the absence of other agreements or arrangements (Article 27)

The Minister of Justice or the person designated by the Minister (Director of International Affairs Division)

As the authority responsible for answering and sending requests for mutual assistance.

Criminal Affairs Bureau, Ministry of Justice

1-1-1 Kasumigaseki, Chiyoda-ku, Tokyo 100-8977, Japan

Tel:+81 3 3592 7049

Fax:+81 3 3592 7063

Email:[email protected]

Web-site: www.moj.go.jp

The National Public Safety Commission or the person designated by the Commission (Director of International Investigative Operations Division)

As the authority responsible for sending requests for mutual assistance.

Organized Crime Department, National Police Agency

2-1-2 Kasumigaseki, Chiyoda-ku, Tokyo 100-8974, Japan

Tel:+81 3 3581 0141

Fax:+81 3 3591 3504

Email:[email protected]

Web-site: www.npa.go.jp

24/7 Contact point (Article 35)

National Police Agency

International Investigative Operations Division, Organized Crime Department

2-1-2 Kasumigaseki, Chiyoda-ku, Tokyo 100-8974, Japan

Web-site: www.npa.go.jp

Specific procedures and best practices for International Cooperation.

http://www.moj.go.jp/ENGLISH/information/liai0002.html