Telecommunications businesses that are subject to this regulation must be in “the
business of providing telecommunications services in order to meet the demands of
others”, and telecommunications service is defined as “intermediating the communications of others through the use of telecommunications facilities or any other acts
of providing telecommunications facilities for the use of communications by
others”
13 (Article 2). The MIC considers businesses on the internet such as closed
chats, dating sites, e-mail operation hosts, and e-mail hosts using foreign servers, etc.
as telecommunications carriers. As for comprehensive services such as “portal sites”
or “SNS’s” (Social Networking Sites), which include various sites, the MIC must
review their concrete specifications to determine whether or not they are telecommunication carriers.
14
Telecommunications carriers are not permitted to use information that includes
confidential information protected by secrecy of communications unless the consent
of the user is obtained or there is other justification such as self-defense, necessity, or
legitimate operations to maintain a stable network. Thus, they are not permitted to
conduct constant monitoring of the route of network packets to detect attacks.
Because the importance of cyber defense is increasing, the MIC has been trying to
define cases in which telecommunications carriers can legally use information that
includes confidential information protected by secrecy of communications in its
guidelines. Even for criminal investigations, authorities are required to obtain an
interception warrant, a seizure warrant, or to submit to other statutory procedures
before acquiring information that includes confidential information protected by
secrecy of communications.
The Telecommunications Business Law obligates telecommunications carriers to
report without delay to the Minister for Internal Affairs and Communications, and
includes the reason or cause when a violation regarding confidential information
protected by secrecy of communications has occurred with respect to telecommunications activities (Article 28).
The Minister for Internal Affairs and Communications may order the improvement of business activities if there are obstacles to ensuring the confidentiality of
communications with respect to the methods telecommunications carriers use to
conduct business activities (Article 29 of the Telecommunications Business Law).
Those who violate such an order shall be punished by a fine of not more than
2 million yen (Article 186).
Moreover, information handled by telecommunications carriers is generally
required to be highly protected even if it is not considered a confidential
communication.
13 The MIC, Telecommunications Business Act (Translation by the MIC), http://www.soumu.go.jp/
main_sosiki/joho_tsusin/eng/Resources/laws/pdf/090204_2.pdf. Accessed 6 Nov 2018.
14 The MIC, Manual on Entry into Telecommunications Business [Supplementary Edition] -
Concept and Case Study on Necessity of Notification, etc. (August 18, 2005), http://www.soumu.
go.jp/main_content/000477428.pdf. Accessed 6 Nov 2018.
262
T. Komukai
business of providing telecommunications services in order to meet the demands of
others”, and telecommunications service is defined as “intermediating the communications of others through the use of telecommunications facilities or any other acts
of providing telecommunications facilities for the use of communications by
others”
13 (Article 2). The MIC considers businesses on the internet such as closed
chats, dating sites, e-mail operation hosts, and e-mail hosts using foreign servers, etc.
as telecommunications carriers. As for comprehensive services such as “portal sites”
or “SNS’s” (Social Networking Sites), which include various sites, the MIC must
review their concrete specifications to determine whether or not they are telecommunication carriers.
14
Telecommunications carriers are not permitted to use information that includes
confidential information protected by secrecy of communications unless the consent
of the user is obtained or there is other justification such as self-defense, necessity, or
legitimate operations to maintain a stable network. Thus, they are not permitted to
conduct constant monitoring of the route of network packets to detect attacks.
Because the importance of cyber defense is increasing, the MIC has been trying to
define cases in which telecommunications carriers can legally use information that
includes confidential information protected by secrecy of communications in its
guidelines. Even for criminal investigations, authorities are required to obtain an
interception warrant, a seizure warrant, or to submit to other statutory procedures
before acquiring information that includes confidential information protected by
secrecy of communications.
The Telecommunications Business Law obligates telecommunications carriers to
report without delay to the Minister for Internal Affairs and Communications, and
includes the reason or cause when a violation regarding confidential information
protected by secrecy of communications has occurred with respect to telecommunications activities (Article 28).
The Minister for Internal Affairs and Communications may order the improvement of business activities if there are obstacles to ensuring the confidentiality of
communications with respect to the methods telecommunications carriers use to
conduct business activities (Article 29 of the Telecommunications Business Law).
Those who violate such an order shall be punished by a fine of not more than
2 million yen (Article 186).
Moreover, information handled by telecommunications carriers is generally
required to be highly protected even if it is not considered a confidential
communication.
13 The MIC, Telecommunications Business Act (Translation by the MIC), http://www.soumu.go.jp/
main_sosiki/joho_tsusin/eng/Resources/laws/pdf/090204_2.pdf. Accessed 6 Nov 2018.
14 The MIC, Manual on Entry into Telecommunications Business [Supplementary Edition] -
Concept and Case Study on Necessity of Notification, etc. (August 18, 2005), http://www.soumu.
go.jp/main_content/000477428.pdf. Accessed 6 Nov 2018.
262
T. Komukai