Legal Issues of Cyber Operations Conducted by Japan Self-defense Force in Information Legislation Perspective

Abstract

 Japanese government revealed The new National Security Strategy on December 16, 2022. It stated the concept of active cyber defense and the consideration of granting the government the authority necessary for its implementation. While this can be regarded as a major step forward in terms of Japan’s cyber security, there are still many issues to be addressed before it can be realized. In particular, it is a serious issue that the mission, role, and authority of the SDF, which plays a central role in national defense, in the cyber domain remain unclear.
 This paper focuses on responses to so-called “gray zone” situations that do not lead to armed attacks and clarifies the limitations and legal challenges of actions that the SDF can take in the cyber domain under the current domestic legal system. It then proposes the role of the SDF in active cyber defense and necessary legal amendments.