Research on the Legal System of Japanese Communications Surveillance –Also on Communication Security and Surveillance Act in Taiwan
Date Issued
2015
Date
2015
Author(s)
Liu, Chia-Chun
Abstract
In recent years, organized crimes of the drug dealing, illegal arms trading, fraud by establihing fake companies, Aum Shinrikyo terrorist attack, etc, which increasingly happened, making Japanese government take steps to keep surveillance on the communication of the violent groups illegal dealing and the terror attact may be related, to prevent the organized and transnational crimes and terror attacks happen. Therefore, Japanese government drew up “Act on Wiretapping for Criminal Investigation”, also named “Wiretapping Law”, which made public on Aug. 18, 1999, and put into effect on Aug. 15, 2000. According to the article 1 of the Japanese Wirtapping Law, considering the organized crimes did great harm to the safe and stable social life, and the crime synditate in these criminal types, such as drug dealing and weapons trading, usually use phones to communicate. In these situations, it will be very difficult to realize the truth of these cases if not thru the survellince meathod on communications. Thus, according to the “Criminal Procedure”(Act. No.130, 1948), which allowed to enforce the Prosecutors'' Order like surveillance on telecommunications, the Law regulates about the procedure, method and so on to make sure the surveillance not to violate the communication privacy and give aid to solve criminal problems. All actions reveal the Japanese government has not nly tried to strengthen and legalize their surveillance procedure, but tried to make effort in striking the organized and transnational crimes, for mentaining the social orders and national security. In this paper, cored the Japanese Wirtapping Law, firstly introduced the Japanese communications surveillance legal legislative history, including the Meiji era Constitution, before and after World War II and the situation of surveillance and communications privacy which are restricted and guaranteed under the Constitution of Japan. Secondly, this paper describes the operation of the legislative process to monitor III the status of the legal dispute and the case in Japan. Thirdly, the international situation, such as anti-terrorism issues, Snowden and Prism case which impacted the legal system in Japan and forced them to amend the law. Due to our Communication Security and Surveillance Act has been amended several times recently, this paper also made researches on the structureof our Act, the important cases analysis and the comparison between Taiwan and Japan. Finally, the research findings and the recommendations of regulatind and amending Intelligence Surveillance Law would be showed as a result of this paper.
Subjects
Communication Security and Surveillance Act
surveillance
the Wiretapping Law
anti-terror issues
organized crimes
SDGs
Type
thesis
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