Journal of Law and Information System
Online ISSN : 2432-9649
Print ISSN : 2433-0264
ISSN-L : 2433-0264
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Showing 1-15 articles out of 15 articles from the selected issue
  • Naoki OHKUBO, Yoshiharu ICHIKAWA
    2020 Volume 7 Pages 3-10
    Published: 2020
    Released: June 05, 2020
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    Under Article 144 of Japanese Broadcasting Law, when cable televisions make request for the extraterritorial retransmission of terrestrial broadcasting, terrestrial broadcasters must give consent except where the basic broadcasters have justifiable grounds for not giving it. In 2008, the Ministry of Internal Affairs and Communications, taking into consideration the present situations in which terrestrial broadcasters and cable televisions in rural areas are put, issued a guideline stating what could be “justifiable grounds”. However, a judgment rendered by the Tokyo High Court in 2017 cast doubt on the policy considerations behind the guideline, and some researchers argue that the guideline needs a revision. As Article 144 can be characterized as a provision regulating refusals to deal by terrestrial broadcasters, we decide to analyze the arguments based on the antitrust thinking. Antitrust law has provisions of unilateral refusal to deal and its experience will contribute to the possible revision of the guideline.
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  • Satoshi KOSAKATANI, Tetsutaro UEHARA, Mitoshi NISHIGUCHI
    2020 Volume 7 Pages 11-23
    Published: 2020
    Released: June 05, 2020
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    In recent years, the Internet usage environment has been shifting from wired communications to wireless LANs. In order to connect to the Internet using a wireless LAN, it is necessary to connect to the access point. However, since wireless communication can be used by anyone who can receive its radio waves, there is a risk that the access point owner may allow unintentional connections unless measures are taken, such as setting user privileges using authentication functions such as passwords, etc. This paper focuses on the interpretation of “secret communication” and examines whether the current law can regulate such unauthorized access to a wireless LAN access point from a technical perspective.
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  • Toshimitsu DAN
    2020 Volume 7 Pages 24-31
    Published: 2020
    Released: June 05, 2020
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    The Provider Liability Restriction Act, which demand providers to disclose sender information, has been in effect for 15 years since 2002, and it has become clear that there has been an accumulation of court cases and legislative issues. This article aims to introduce the current issues.
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  • Emiko CHIBA
    2020 Volume 7 Pages 32-46
    Published: 2020
    Released: June 05, 2020
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    The purpose of this study is to analyze how changes of the social structure associated with the digitalization of industries affect laws and policies, and to develop Digital Industry Policy Studies which is adapted with cyber-physical integrated society, socalled the age of Society 5.0.  A driving force for the digitalization of industries is the business model of trading information and data in return for goods through the Digital Platform (DPF). Massive DPFs provided by so-called “GAFA”, companies such as Google, Amazon, Facebook, and Apple, have built an indispensable economic and social infrastructure in our country and by which various services have been supplied in consumers’ life. Currently, ecosystems (economic zones) have been formed across the borders by the DPFs as “service infrastructure”.  DPF businesses have some characteristics in common. Companies that own and manage the DPFs (1) provide a common standard in the DPFs, (2) analyze a large amount of consumers’ data accumulated in the DPFs by utilizing artificial intelligence (AI) and with these data as the driving force, (3) reveal a potential demand of DPF users with different interests by matching up their supply and demand.  In this study, first I got an overview of the recent legislative policies and research trends, and clarify the significance and issues of the governance model which was recently proposed as “Redesign of Law and Architecture in the Age of Society 5.0”.  Secondly, I analyzed the DPF business and further-advanced “Smart business” and identified the changes of industrial structure where the cyber and physical spaces are integrated, by focusing on the following two basic elements of DPF business, which are “network coordination” and “data intelligence”  Thirdly, it is necessary to visualize fundamental rules to design the architecture in the digital society. In the process of designing the components of DPF business and Smart business, which is an advanced form of DPF business, it is required to visualize expectations, needs and concerns of society for new technology and create a legal mechanism to examine comprehensively ethical, legal and social issues (ELSI) .  In Society 5.0, it is important to set common rules to be shared by the society, such as new rules for “property” concerning data and information, rules for “contracts” organizing digital market, rules for “responsibility” of system developer for digitalization and network providers, rules for “natural person” in digital market where personalities are actively integrated, and to create in advance ethical standards for core technologies such as AI in the digital society  Furthermore, it is necessary to set a framework for both domestic and international discipline in the cyber-physical integrated society in terms of appropriate approaches to regulate the rules.  Based on the above findings, for the first time, we can propose a new governance model, trusted by members of society.
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  • Satoshi NARIHARA
    2020 Volume 7 Pages 47-61
    Published: 2020
    Released: June 05, 2020
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    This article considers court decisions of the removal of search results after the Supreme Court Decision on Jan. 31, 2017 in Japan. Then, the article further examines doctrines and standards on the matter to realize a proper balance between freedom of expression and personal rights including privacy and honor concerning search engines.
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  • Yuriko HAGA
    2020 Volume 7 Pages 62-71
    Published: 2020
    Released: June 05, 2020
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    The law applicable to the contract should in general be the law selected by the parties’ will (Principle of Party Autonomy). However, the article 11 of Japanese Conflict-of-Law rule Tsūsoku-hō, Act on General Rules for Application of Laws, provides the special clause for the consumer protection, admitting the application of the law of the consumer’s habitual residence. On the other hand, to guarantee the foreseeability of the business operator, its paragraph 6 provides the exception of the “active consumer”: Consumers, who proceed to the business operator’s place to conclude the contract or to receive the entire performance of the contractual obligation, are not covered by this consumer protection clause. This exception is however excluded when the consumer is “solicited” to proceed to that place by the business operator. According to the traditional understanding, the internet ads are not deemed to the “solicitation” under this article, because the ads generally and widely target consumers, not the specified person or group. Today’s internet ads, though, with the development of the ad-technology, target more specified and identified person or group. Against this backdrop, this paper aims to analyse the question of whether the person-target ads can be interpreted as the “solicitation” under Article 11(6) of Tsūsoku-hō. The law applicable to the contract should in general be the law selected by the parties’ will (Principle of Party Autonomy). However, the article 11 of Japanese Conflict-of-Law rule Tsūsoku-hō, Act on General Rules for Application of Laws, provides the special clause for the consumer protection, admitting the application of the law of the consumer’s habitual residence. On the other hand, to guarantee the foreseeability of the business operator, its paragraph 6 provides the exception of the “active consumer”: Consumers, who proceed to the business operator’s place to conclude the contract or to receive the entire performance of the contractual obligation, are not covered by this consumer protection clause. This exception is however excluded when the consumer is “solicited” to proceed to that place by the business operator. According to the traditional understanding, the internet ads are not deemed to the “solicitation” under this article, because the ads generally and widely target consumers, not the specified person or group. Today’s internet ads, though, with the development of the ad-technology, target more specified and identified person or group. Against this backdrop, this paper aims to analyse the question of whether the person-target ads can be interpreted as the “solicitation” under Article 11(6) of Tsūsoku-hō.
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  • Yoichiro ITAKURA
    2020 Volume 7 Pages 72-77
    Published: 2020
    Released: June 05, 2020
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    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. (7), the future discussion point of a contract about privacy is analyzed.
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  • Hiromitsu TAKAGI
    2020 Volume 7 Pages 78-102
    Published: 2020
    Released: June 05, 2020
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    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 inter pretation 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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  • Shotaro MARUHASHI, Atsushi KAJITANI
    2020 Volume 7 Pages 103-107
    Published: 2020
    Released: June 05, 2020
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    Personal information each Local Government possesses is regulated by the ordinance of the Local Government. However, some local governments have no rule for academic research, and this causes a problem in academic research based on the personal information.This paper introduces a case in which Karuizawa Local Government amended the ordinance for academic research.
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  • Toshiya JITSUZUMI, Ikuo NAKAGAWA, Keisuke KANEYASU, Daisuke KAWADA, Da ...
    2020 Volume 7 Pages 108-127
    Published: 2020
    Released: June 05, 2020
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