In addition to an increase in high-tech crime involving the abuse of computers and telecommunications technology, since last year, Japan has seen a number of cases of business sabotage, including damage to computers, and the threat to information systems, through the rising incidences of unauthorized access (for example, that reported at the research laboratories of a major telecommunications carrier in 1997). This is becoming significant. In May 1996, a report published by the US General Accounting Office estimated that US Department of Defense computer systems may have been attacked around 250,000 times during 1995.The report suggested that crime and terrorism via information and telecommunications networks may present a threat to national security.
Under such conditions, the Japanese government's "Basic Guidelines on the Promotion of an Advanced Information and Telecommunications Society" and the interim report of the Working Group on Electronic Commerce identified security and crime countermeasures as a key issue in the development of an advanced information and telecommunications society. On 16 February 1998, giving the Policy Speech of the 142nd Session of the National Diet, the Prime Minister stated that the government would "implement suitable measures against high-tech crime and other problems relating to the development of an information society", thereby making measures against high-tech crime a key policy issue.
Amidst the growth of international networks, the communique which was issued following the Denver Summit in June 1997 announced that the G-8 nations would be focusing their attention on measures to combat high-tech crime in the international arena. Following this, a meeting of G-8 ministers of the interior and ministers of justice held in the United States in December 1997, adopted "Principles and Action Plan to Combat High-Tech Crime", the key points of which included the establishment of twenty-four hour contact points, the appointment of trained personnel, the review of legal systems, and collaboration with industry.
Amid these developments, the Birmingham Summit of May 1998, held in the United Kingdom, identified measures against international organized crime, including high-tech crime, as a major issue. By way of measures against high-tech crime, the leaders of the G-8 nations reaffirmed the desirability of speedy implementation of the "Principles and Action Plan to Combat High-Tech Crime" agreed by the ministers of the interior and ministers of justice. They issued a communique calling for "close cooperation with industry to reach agreement on legal framework for obtaining, presenting and preserving electronic data as evidence, while at the same time maintaining appropriate privacy protection, and agreeing to share evidence of those crimes with international partners. This will help us combat a wide range of crime, including abuse of the internet and other new technologies." Steps were taken to strengthen the follow-up system, and it was agreed that ministers from each member nation would report on progress with the "Principles and Action Plan to Combat High-Tech Crime" at the next summit.
As the realization of an advanced information and telecommunications
society approaches, it is important that the government implement further
measures against high-tech crime. For its part, in addition to those
already in force, the Japanese National Police Agency must, as a matter
of urgency, implement the following priority measures during fiscal year
1998 / 99 .
Since high-tech crime involves the use of information technology and telecommunications technology, the analysis of any electromagnetic records seized and the investigations into the modus operandi requires sophisticated and up-to-date knowledge of information and telecommunications technology.
High-tech crime also differs considerably from ordinary crime in that it takes place in cyberspace, which is free from restrictions of time and space, so that the location in which the crime is perpetrated and the location in which it has its effect may be separate in geographical terms and damage may occur simultaneously in several locations. In many cases, therefore, it is difficult for the police force of a single prefecture to investigate high-tech crime effectively on its own, hence, where appropriate, the National Police Agency should coordinate the activities of prefectural police forces. Moreover, the rapid globalization of networks in recent years means that high-tech crime is of an increasingly trans-border nature. It is therefore vital to secure close and speedy cooperation between countries.
Given these characteristics, it is clear that in order to respond
adequately to the rapid increase in high-tech crime and protect society
from new threats such as cyber-terrorism, the National Police Agency must
have sophisticated, up-to-date knowledge of information and telecommunications
technology and should be a leader to the prefectural police forces in terms
of this technological expertise.
To this end, the National Police Agency plans to establish a
National Center "HITEC" (HIgh-tech crime Technical Expert Center) that
will act as a Cyber Police force and will have the following functions:
a) To provide technical support to every sector of the police
force in relation to high-tech crime
* Support of prefectural police forces in their investigations
of high-tech crime through site surveillance etc.
* Research and development of technology for the decoding of
data concealed by encryption, etc.
* Decoding of concealed data using ultra-high speed computers
* Development of new technological investigation methods
* Supply of information, etc. relating to the activities of prefectural
police forces involved in the investigation of high-tech crime
b) To provide technical support to the National Police Agency
when it cooperates in international investigations of international
high-tech crime,etc.
* Provision of a twenty-four hour contact point
* Exchange of information with foreign police administration
authorities
c) To handle technical investigations and analysis relating to
high-tech crime
* Investigations and analysis of technology used in high-tech
crime
* Technical investigations relating to computers and to information
and telecommunication networks
* Ongoing investigation of information and telecommunication
networks
(2) Establishment of an investigative organization specializing in high-tech crime
In parallel with the rapid development and growth of computer networks,high-tech crime is also increasing and diversifying. In particular, crimes perpetrated across more than one prefecture and in the international arena are becoming more common. Most of these involve hacker groups operating across a wide geographical area as well as even internationally. For this reason, the National Police Agency will not only increase its positive efforts to gather clues relating to cases of high-tech crime, but will also strengthen its enforcement capability once a crime has been committed by establishing units within the prefectural police forces that will handle the investigation of wide-area high-tech crimes involving hacker groups. These units will consist of high-tech crime investigators and their staff.
In recent years, terrorist organizations in Japan and overseas have been using networks to pursue their activities, and the threat of cyber-terrorism is set to become a reality. In addition to stepping up its efforts to acquire leads through the monitoring of trends among terrorist organizations, the National Police Agency will, as part of new anti-terrorism measures, strengthen its investigative functions by establishing anti-cyber terrorism units within the larger major prefectural police forces.
Furthermore, so as to be able to respond more readily to requests from overseas police agencies for collaboration in international investigations, the National Police Agency will strengthen the response capacity of its twenty-four hour contact point system.
Finally, through a range of training opportunities, the National
Police Agency will continue to train personnel to respond effectively to
high-tech crime.
Of the G-7 nations, Japan alone has no legislation against unauthorized access. If the situation is left unremedied, it is highly likely that Japan will become a loophole in the fight against international organized crime.
Given these circumstances, the National Police Agency is collaborating with the other agencies concerned to create a system of legal measures against unauthorized access, centering on the following points:
a) The prohibition of unauthorized access (unauthorized use of
identification data, etc. belonging to a genuine computer user as a means
of gaining access to a specific computer using that user's name), and the
punishment of those infringing the prohibition
b) The regulation of businesses that aid and abet unfair access
such as "ID brokers" , etc.
c) Collaboration with industry on the prevention and investigation
of unauthorized access.
Accordingly, the realization of an advanced information society will require that a balance be achieved between the considerations of crime prevention, suppression and investigation on one hand and considerations of an economic nature on the other, and the establishment of a framework that meets the needs of both. To this end, it is important that the police authorities work closely with industry, such as telecommunication carriers, as well as absolutely essential that steps are taken to strengthen these links.
On this premise, the National Police Agency will appoint information security advisors to each prefectural police force to handle inquiries from crime victims, publicity and information and the creation of a framework for collaboration with the relevant companies and industrial bodies. It will also implement the measures described below under the name of ACT 2000 (Awareness of counter Cyber Terrorism and other high-tech crime 2000) with a view to forming close collaborative relationships with industry:
a) Specific advice and supervision of industry in relation to measures
against high-tech crime and cyber-terrorism
b) Publicity and information activities relating to measures against
high-tech crime and cyber-terrorism to be pursued via multimedia,
etc.
c) Ongoing consultation with industry to secure cooperation with investigations
of high-tech crime and cyber terrorism.
The National Police Agency will therefore work with the ministries
and agencies concerned and take an active part in international studies
and development work with a view to the creation of rules for a new kind
of cooperation in the field of international investigations. This this
will cover, among other issues, the preservation of evidence prior to any
request for cooperation, investigations that span national borders and
possible methods of resolution regarding investigations where it is not
clear in which country data may be located.