privacy without consent. 98 However, these protections do not apply where special provisions apply or other laws specify otherwise.
Real-name registration requirements have been a part of the South Korean Internet
landscape since 2003, when the MIC sought the cooperation of four major Web portals
(Yahoo Korea, Daum Communications, NHN, and NeoWiz) in developing real-name
systems for their users. 99 While implicating deeper privacy concerns, the purported
goal of these real-name measures is to reduce abusive behavior on the Internet, and a
number of prominent cases (such as the suicides of a number of actresses) have made
this a major issue for the Korean public. 100
In 2004, election laws began requiring individuals who post comments on Web sites
and message boards in support of, or opposition to, a candidate to disclose their real
names. 101 In 2005, the government implemented a rule that requires anyone who creates an account with an e-mail or online chat service to provide detailed information
that includes name, address, profession, and identification number. 102 This policy was
tightened further by the MIC on July 27, 2007, when users were required to register
their real names and resident identification numbers with Web sites before posting
comments or uploading video or audio clips on bulletin boards. 103 In December 2008,
the KCC extended its reach to require all forum and chat room users to make verifiable
real-name registrations. 104 Furthermore, in April 2009 an amendment to the Information Act took effect, requiring Korea-domain Web sites with at least 100,000 visitors
daily to confirm personal identities through real names and resident registration numbers. 105 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. 106 On April 9, reportedly citing freedom of expression as ‘‘the
most important value to uphold on the Internet’’ as justification, Google disabled
the features on its Korean language YouTube site (kr.youtube.com) for uploading
videos and comments. 107
Amendments to the Protection of Communications Secrets Act put forward in 2007
would establish extensive data retention requirements and also expand the government’s surveillance capabilities. First, it would require telecommunications companies
and ISPs to retain access records and log files (online transactions conducted; Web sites
visited; time of access; and files 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. 108
The National Human Rights Commission of Korea (NHRCK) recommended that a
number of proposed amendments be removed, including the inclusion of GPS information to locate users. 109 It also questioned the need for additional penalties for telecommunication service providers that refuse to comply with requests to provide
communications records, despite existing provisions allowing investigators to obtain
evidence by search and seizure in ordinary investigations. 110 In 2008, three years after
512
South Korea
Real-name registration requirements have been a part of the South Korean Internet
landscape since 2003, when the MIC sought the cooperation of four major Web portals
(Yahoo Korea, Daum Communications, NHN, and NeoWiz) in developing real-name
systems for their users. 99 While implicating deeper privacy concerns, the purported
goal of these real-name measures is to reduce abusive behavior on the Internet, and a
number of prominent cases (such as the suicides of a number of actresses) have made
this a major issue for the Korean public. 100
In 2004, election laws began requiring individuals who post comments on Web sites
and message boards in support of, or opposition to, a candidate to disclose their real
names. 101 In 2005, the government implemented a rule that requires anyone who creates an account with an e-mail or online chat service to provide detailed information
that includes name, address, profession, and identification number. 102 This policy was
tightened further by the MIC on July 27, 2007, when users were required to register
their real names and resident identification numbers with Web sites before posting
comments or uploading video or audio clips on bulletin boards. 103 In December 2008,
the KCC extended its reach to require all forum and chat room users to make verifiable
real-name registrations. 104 Furthermore, in April 2009 an amendment to the Information Act took effect, requiring Korea-domain Web sites with at least 100,000 visitors
daily to confirm personal identities through real names and resident registration numbers. 105 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. 106 On April 9, reportedly citing freedom of expression as ‘‘the
most important value to uphold on the Internet’’ as justification, Google disabled
the features on its Korean language YouTube site (kr.youtube.com) for uploading
videos and comments. 107
Amendments to the Protection of Communications Secrets Act put forward in 2007
would establish extensive data retention requirements and also expand the government’s surveillance capabilities. First, it would require telecommunications companies
and ISPs to retain access records and log files (online transactions conducted; Web sites
visited; time of access; and files 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. 108
The National Human Rights Commission of Korea (NHRCK) recommended that a
number of proposed amendments be removed, including the inclusion of GPS information to locate users. 109 It also questioned the need for additional penalties for telecommunication service providers that refuse to comply with requests to provide
communications records, despite existing provisions allowing investigators to obtain
evidence by search and seizure in ordinary investigations. 110 In 2008, three years after
512
South Korea