ONI Country Profi le
359
profession, and identifi cation number.
95 This policy was tightened further by the MIC
in July 2007 when users were required to register their real names and resident identifi cation numbers with Web sites before posting comments or uploading video or
audio clips on bulletin boards.
96 In December 2008, the KCC extended its reach to
require all forum and chat room users to make verifi able real-name registrations.
97
Furthermore, an April 2009 amendment to the Information Act took effect, requiring
Korea-domain Web sites with at least 100,000 visitors daily to confi rm personal identities through real names and resident registration numbers.
98 Previously, real-name
registration was required for news Web sites with more than 200,000 visitors a day or
portals and user-generated content sites with over 300,000 daily visitors.
99 Rather than
comply with the new registration system, Google disabled the features on the Koreanlanguage YouTube site ( http://kr.youtube.com ) for uploading videos and comments.
100
The real-name registration provisions of the Public Offi cial Elections Act were unsuccessfully challenged in July 2010 when the Constitutional Court found that the
requirements did not violate principles against prior censorship and that they worked
to prevent “ social loss and side effects which arise out of the distortion of public
opinion. ”
101
In 2010, Facebook faced scrutiny from the KCC, which found that “ Facebook violates the regulations on protection of privacy in information networks. ”
102 The KCC
required Facebook to submit related documents and make improvements in line with
the nation ’ s Information and Communication Law — specifi cally Article 22 of the Act
on Promotion of Information and Communication Network Utilization and Information Protection.
103 This article requires information and communication service providers to gain consent when gathering users ’ personal data.
104 Facebook indirectly
responded by reciting the principle of its company that “ the users have control of
their personal information. ”
105
Amendments to the 2007 Protection of Communications Secrets Act established
extensive data retention requirements and expanded the government ’ s surveillance
capabilities.
106 These amendments require telecommunications companies and ISPs
to retain access records and log fi les (including online transactions conducted; Web
sites visited; time of access; and fi les downloaded, edited, read, and uploaded) for at
least three months, along with date and time stamps, telephone numbers of callers
and receivers, and GPS location information for 12 months.
107 The National Human
Rights Commission of Korea (NHRCK) criticized these amendments, particularly the
use of GPS information to locate users and the imposition of penalties for service
providers who refuse to comply with requests for information despite existing
provisions that allow gathering of evidence by search and seizure in ordinary
investigations.
108
In 2008, three years after a scandal over the illegal wiretapping of the cell phones
of infl uential political fi gures forced them to destroy their equipment, the National
359
profession, and identifi cation number.
95 This policy was tightened further by the MIC
in July 2007 when users were required to register their real names and resident identifi cation numbers with Web sites before posting comments or uploading video or
audio clips on bulletin boards.
96 In December 2008, the KCC extended its reach to
require all forum and chat room users to make verifi able real-name registrations.
97
Furthermore, an April 2009 amendment to the Information Act took effect, requiring
Korea-domain Web sites with at least 100,000 visitors daily to confi rm personal identities through real names and resident registration numbers.
98 Previously, real-name
registration was required for news Web sites with more than 200,000 visitors a day or
portals and user-generated content sites with over 300,000 daily visitors.
99 Rather than
comply with the new registration system, Google disabled the features on the Koreanlanguage YouTube site ( http://kr.youtube.com ) for uploading videos and comments.
100
The real-name registration provisions of the Public Offi cial Elections Act were unsuccessfully challenged in July 2010 when the Constitutional Court found that the
requirements did not violate principles against prior censorship and that they worked
to prevent “ social loss and side effects which arise out of the distortion of public
opinion. ”
101
In 2010, Facebook faced scrutiny from the KCC, which found that “ Facebook violates the regulations on protection of privacy in information networks. ”
102 The KCC
required Facebook to submit related documents and make improvements in line with
the nation ’ s Information and Communication Law — specifi cally Article 22 of the Act
on Promotion of Information and Communication Network Utilization and Information Protection.
103 This article requires information and communication service providers to gain consent when gathering users ’ personal data.
104 Facebook indirectly
responded by reciting the principle of its company that “ the users have control of
their personal information. ”
105
Amendments to the 2007 Protection of Communications Secrets Act established
extensive data retention requirements and expanded the government ’ s surveillance
capabilities.
106 These amendments require telecommunications companies and ISPs
to retain access records and log fi les (including online transactions conducted; Web
sites visited; time of access; and fi les downloaded, edited, read, and uploaded) for at
least three months, along with date and time stamps, telephone numbers of callers
and receivers, and GPS location information for 12 months.
107 The National Human
Rights Commission of Korea (NHRCK) criticized these amendments, particularly the
use of GPS information to locate users and the imposition of penalties for service
providers who refuse to comply with requests for information despite existing
provisions that allow gathering of evidence by search and seizure in ordinary
investigations.
108
In 2008, three years after a scandal over the illegal wiretapping of the cell phones
of infl uential political fi gures forced them to destroy their equipment, the National