情報法制研究
Online ISSN : 2432-9649
Print ISSN : 2433-0264
ISSN-L : 2433-0264
2 巻
選択された号の論文の10件中1~10を表示しています
特別記事
論文
  • 小塚 荘一郎, 藤野 将生, 北 永久
    2017 年 2 巻 p. 3-14
    発行日: 2017年
    公開日: 2019/10/02
    ジャーナル オープンアクセス
     Global Navigation Satellite Systems (GNSS), including the Global Positioning System (GPS) of the USA, are widely used today, but legal liabilities for damage to users which could arise from relying on GNSS signals are unclear and being discussed outside Japan. The Japanese government is currently developing its own global navigation system, the Quasi Zenith Satellite System (QZSS), so analysis under Japanese law is of value. In this article the authors examine, through case studies, liabilities resulting from errors in the signals emitted from the QZSS, and from the termination of QZSS signals, from the Japanese law perspective.
  • ―モバイル・データ・プランにおける価格差別の視点から―
    田中 絵麻
    2017 年 2 巻 p. 15-28
    発行日: 2017年
    公開日: 2019/10/02
    ジャーナル オープンアクセス
     This paper reviewed the discussion on scope of application of Communications Act, 1934, Title II from a viewpoint of price discrimination on mobile data plans to consider the impact of administrative change from the Obama Administration to Tramp on broadband policy in U.S. As independent regulatory authority, FCC (Federal Communications Commission: FCC) adopted “Open Internet Rules” in 2010 and 2015 during the Obama Administration. However, it is under reconsideration process at FCC under Tramp Presidency. Each administration’s treatment of zero-rating, or count free was different or even contrary in terms of application of classification of broadband access. It implies broadband policy alternation alongside of administrative change.
  • 鳥海 不二夫, 平野 雄一, 江口 清貴
    2017 年 2 巻 p. 29-37
    発行日: 2017年
    公開日: 2019/10/02
    ジャーナル オープンアクセス
     In these days, more minors are using online communication services due to the popularity of mobile devices and smartphones. Even though they can deepen their relationships by such communication, online communication sites pose risks including cyber-bullying, sexual predators and so on. Such communication risks involving minors are social matters that must be detected automatically and prohibited. In this paper, we clarify communication behaviors by focusing on private chat systems, which are sometimes used to sexually entrap minors. In this research, we estimated the age group of users of social media without explicit age information. As a result, the estimation of the age group could be correctly performed with about 80% accuracy. By using the estimated age groups, we analyzed the characteristics of each age group regarding the use of private chat. By the analysis, we clarify the statistical features of utilization of minors, how to pair by age group and usage situations.
  • 町村 泰貴
    2017 年 2 巻 p. 38-49
    発行日: 2017年
    公開日: 2019/10/02
    ジャーナル オープンアクセス
     In June 2017, the Japanese Cabinet adopted a political program entitled as "Future Investment Strategy 2017". This paper contains that the Government will make a policy for introduction of IT into our civil justice practice.
     Indeed, we have some provisions for use of IT as communication tool between parties and court, but every suit starts by presenting a paper document. Court must send this document to the defendant. During a lawsuit, each party send many documents for argumentation to the court and the adversary by fax and by postal service. They cannot use any IT tool.
     Among many IT tools, we don't use e-filing system, which could make our court practice more efficient and improve the possibility of access to justice. About the videoconference system, Japanese courts already use it for the examination of witness. But there are some problems on this technology, for example communication gap, guarantee of right to cross-examination, etc. Online auction system might be useful for auction by courts. Indeed, many local governments and tax office use it for their auction.
     Japanese government declared to make the policy to introduce these IT tools for courts. But there are a lot of problems.
  • ――「パーソナライズド」の意味
    山本 龍彦
    2017 年 2 巻 p. 50-56
    発行日: 2017年
    公開日: 2019/10/02
    ジャーナル オープンアクセス
     Recently, thanks to big data and artificial intelligence, we have been able to predict and analyze individual’s personal aspects with a technique which is called “profiling”. At the same time, we have been able to offer “personalized” services based on results of profiling, including “personalized” advertisement and “personalized” health care. Although it seems that such a “personalization” contributes to the realization of the principle of the “respect of individuals” or the “dignity of individuals”, there would be a theoretical conflict between “personalization”, which can be done by profiling, and the principle of the “respect of individuals”. This is because “profiling” is only probabilistic determination about the individuals based on group categorizations, in short “segmentations”. Therefore, there is a possibility that an eligibility or reliability of individuals would be evaluated by group characteristics (e.g., race, and gender). I would say that “personalized” services using “profiling” are closely related to the so-called “segmentism” and that “segmentism” contradicts with “individualism”. I will conclude in my essay that we should not use the term of “personalization” in the context of “profiling”, instead, we should use the term of “segmentization”. Even though it is just a linguistic change, it will have a great impact on our legal order.
  • 湯淺 墾道
    2017 年 2 巻 p. 57-66
    発行日: 2017年
    公開日: 2019/10/02
    ジャーナル オープンアクセス
    This paper examines the legal influences of the Basic Act on the Advancement of Utilizing Public and Private Sector Data on Local Governments. In addition to the personal information protection system, the Basic Act has many influences such as the definition of data, difference between the data and the “document”, and treatment of merely numeric data. It is also necessary to consider the procedure of appeal examination or relevant alternative procedure, and the burden of the expense when using it. This paper does not deal with issues related to the security of the future, and this will be the future challenge.
  • 板倉 陽一郎
    2017 年 2 巻 p. 67-74
    発行日: 2017年
    公開日: 2019/10/02
    ジャーナル オープンアクセス
     This study includes 1) Introduction 2) The analysis of a contract about privacy from the viewpoint of substantive law, 3) The analysis of a contract about privacy from the viewpoint of procedural law, 4) The future discussion point of a contract about privacy. In Vol. (2), analysis of 'privacy contract' and the limit of the contract are discussed.
  • 高木 浩光
    2017 年 2 巻 p. 75-66
    発行日: 2017年
    公開日: 2019/10/02
    ジャーナル オープンアクセス
     The discussions made in the revision of the Act on the Protection of Personal Information in 2015 revealed the issues that could not be achieved with the amendment, and highlighted that a number of unresolved problems remain in current legislation. One of the issues that could not be achieved is that it was not realized despite being understood that it was necessary to include individual behavioral data recorded with device identifier as the subject of protection under the Act. And the unresolved problem with current legislation is, for example, that the interpretation of the sentence "can be easily matched with other information" in the definition of personal information has not been clarified.
     This series of papers attempts to propose a direction to solve the remaining issues for the next revision of the Act. Specifically, by focusing on the difference between "personal information" and "personal data", by clarifying the difference in interpretation between the sentence "can be easily matched with" and "can be matched with", we aim to unify only the provision on "personal information file" in the private sector and the public sector.
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