サイバー犯罪と越境リモートアクセス

――最高裁判所令和3 年2 月1 日決定に関する検討

抄録

Extraterritorial remote access targets foreign servers and items that are not subject to the sovereignty of the home country. Thus it may cause diplomatic disputes if the opposite country raises objections. In this regard, the first ruling on the permissibility of extraterritorial remote access was made by the Supreme Court in Reiwa 3 (2021). Besides, It has a important meaning that the Japanese Supreme Court also proposed the first permissible criteria for extraterritorial remote access through this ruling in 2021. Because discussions on extraterritorial remote access will be continued based on this ruling from now on, it is necessary at this point to examine this ruling in view of current domestic discussions and judicial precedents related to the permissibility of extraterritorial remote access. Furthermore, reviewing the issues addressed in this ruling would also be helpful.