(Original Japanese language)
March 7, 2025
We call for the rejection of 'the Bill to Prevent Damage Caused by Unauthorized Acts against Important Computer Systems and the Bill to Amend Relevant Laws in Conjunction with the Enforcement of the Law to Prevent Damage Caused by Unauthorized Acts against Important Computer Systems' (hereafter referred to as the Cyber Espionage and Cyber Attack Bill*) that were submitted to the Diet on February 7th 2025. The opposition parties should reject the bill without making any amendments or entering into discussions, and should demand its rejection in a united front.
Reason 1: This bill is clearly unconstitutional
The Cyber Espionage and Cyber Attack Law allows the acquisition of communication data even in the absence of facts such as cybercrime or cyber attacks, and also allows the acquisition of communication data even without the consent of the parties concerned. In addition, it legalizes hacking by the police and the Self-Defense Forces, etc., by exploiting the vulnerabilities of servers, etc., that are used in cyber attacks under the guise of “detoxification”. Furthermore, these actions are not required to be based on a court order.
All of these actions not only violate the Constitution's guarantees of secrecy of communications, freedom of speech and expression, prohibition of censorship, and the the principle of warrant, but also negate even the previous government's interpretation of the Constitution.
The Diet does not have the authority to enact laws that violate the Constitution. Therefore, there is no option other than to scrap this bill.
Reason 2: There are serious doubts about the factual basis for the bill
In the explanatory materials for the bill prepared by the Cabinet Office, it is stated that “the volume of cyber attack-related communications and damage” will reach over 600 million packets in 2023, with “an attack attempt on each IP address approximately once every 14 seconds”. This statement exaggerates the “attack”, and in addition, most of the actual damage is caused by taking advantage of the fact that the basic security measures of the government, companies and individuals were not sufficient, and it is not the kind of thing that can be dealt with by the police or the Self-Defense Forces. It is possible to deal with the situation adequately within the framework of the current laws, and there is no reason to deliberately enact new laws or supplementary legislation.
Reason 3: This bill violates international law
Furthermore, the communication data covered by the Cyber Espionage and Cyber Attack Law includes not only data within Japan, but also data from overseas, and it also allows Japan to provide communication data it has obtained to its allies and other countries. If this bill is passed, the damage will be on a global scale. International law also stipulates that the right to privacy and the right to confidentiality of communication are important human rights, and this bill would also be in violation of international law.
Reason 4: “Access and Detoxification” would involve the cyber space in war
The Cyber Espionage and Cyber Attack Law would make the cyber space the stage for so-called cyber warfare and information warfare, and would enable Japan to actively participate in wars that include the use of force under the pretext of self-defense. The concept of “access and detoxification,” also known as active cyber defense, is related to the so-called preemptive attack on enemy bases by the Self-Defense Forces, and could lead to a cycle of attacks and retaliation. Its important roles include information manipulation that involves the entire cyber space, strengthening of comprehensive surveillance and policing of the entire cyber space, and targeting so-called “enemy” soft targets (civilians, civilian buildings, etc., which are vulnerable to attack due to a lack of security and surveillance). This is nothing other than participation in a war in the cyber space, and it is not limited to the Self-Defense Forces and the police, but also envisages the mobilization of the central government, local governments, companies, research institutions, groups, and ordinary citizens. When the cyber space is involved in a war, in addition to the weapons envisaged in conventional warfare, our PCs and smartphones will also be “weaponized”, and it will become possible for people to be easily mobilized into cyber troops, and for companies to also easily participate in acts of war in the cyber space.
Reason 5: We should seek peace in the cyber space
As the system of involving the cyber space in war is rapidly spreading on a global scale, we are keenly aware of the need to take action to prevent the cyber space from being further involved in war. The cyber space is the very area that plays a key role in communication, and we must never allow it to be used for war or to be involved in war. Rather, what we should seek is peace in the cyber space. Not only should we exclude the activities of the military, including the Self-Defense Forces, and the police from cyber space, but we also need to ensure that private companies and each and every one of us are not forced to take part in cyber warfare. Peace in cyber space is needed now more than ever, so that cyber space can become a place of communication that transcends national borders and connects diverse peoples with each other in the truest sense of the word.
Unfortunately, the attitude of the Japanese government is one that is in direct opposition to this idea of cyber peace. The secrecy of communications and freedom of expression are the foundations of a democratic society. Active cyber defense negates this.
With the above in mind, we strongly call for the Cyber Espionage and Cyber Attack Law to be scrapped, and we oppose the involvement of the Self-Defense Forces, the government, and private companies in cyber warfare.
Organizations calling for the joint statement
English translations of organization names are unofficial. All organizations are located in Japan.
- JCA-NET
- No to war! Don't let war come! Nerima Action
- ATTAC Japan (Tokyo metropolitan area)
- Femin Women's Democratic Club
- NO!” to all military bases, Fight Kanagawa
- Citizens' Liaison Group Against the Wiretap Law
- Executive Committee for “ NO to Conspiracy Crime Law!
- Executive Committee for the abolition of the “Secret Protection Law”!
List of endorsed organizations is here.
Signature Form
https://pilot.jca.apc.org/nextcloud/index.php/apps/forms/s/B2igaQPyq2sc…