抄録
In this paper I probe the problems stem from the recent judgement of Japanese supreme court about a GPS investigation, and propose some fixes to the problems in order to allow Japanese criminal justice to co-evolve with the rapid development of informational technologies and big data sciences. Particularly, I argue to introduce the idea of optimization of criminal justice in order to avoid being trapped by vague and helpless dogmatic of the right to privacy in this context. I reframe the right to privacy argument into the agency problem theory and propose the reasonable solution to it through informational technologies and big data sciences. But I also add some critiques to too much reliance on these new technologies from a kind of Foucauldian view for demonstrating the importance of democratic decision in criminal justice system.
