Currently, satellite remote sensing data are utilized in a variety of methods. Due to the fact that satellite remote sensing data is information acquired from outer space beyond the reach of national sovereignty, it may raise a variety of legal issues, such as national security concerns and privacy concerns for individuals. This paper will introduce the regulations governing satellite remote sensing data under current national and international law, as well as their historical context and prospective challenges. This paper will first explain the fundamental concepts underlying satellite remote sensing technology. The paper then provides an overview of the “Remote Sensing Principle of 1986” and the Japanese domestic law, “Act on Ensuring Appropriate Handling of Satellite Remote Sensing Data of 2016,” which regulates the handling of satellite remote sensing data. Finally, the legal issue surrounding satellite remote sensing data and privacy is brought up for future consideration.
Exploring the Labor Law Issues Arising from the Utilization of HR Technology in the Japanese Employment System, including Recruitment, Employee Deployment, Duty of Occupational Safety, Retirement, and Collective Labor-Management Relations.
This article summaries the issues in intertemporal law surrounding the amendment of the Provider Liability Limitation Act and its related ministerial ordinances. The intertemporal law is said to be the law that determines which of two legislations governs a legal fact when they stand in a temporal antecedent relationship. The revised ministerial ordinance of 2020 allowed requests for disclosure of telephone numbers, and the revised Act of 2021 made it possible to request disclosure of log-in information, but the question is whether these new rules apply to infringing information posted before these rules came into force (I). This article classifies cases from the perspective of when the new rules come into force when the infringing information is posted, and when it is deleted (II) and examines whether the new rules can be applied to posts deleted before the new rules come into force, focusing on the infringement status (III), or whether retrospective application is permitted in exceptional cases (IV).
With regard to “telephone numbers,” for which a request for disclosure of sender’s information newly became possible due to the revision of laws and regulations, I reviewed 41 court decisions that determined whether the revised laws and regulations could be applied to acts committed prior to the enforcement of the revised laws and regulations. While most of the court cases consider that the statute in effect at the base time of the decision is naturally applicable, there are also court cases that hold that the statute in effect at the time the information was transmitted should be applied. The reason for the divergent conclusions may lie in the nature of the right to request disclosure of the sender’s information and whether or not to emphasize the disadvantages suffered by the sender.
This report analyzes the court cases from an intertemporal perspective. I have classified the court cases were into three categories according to the mode of distribution of information. The first; cases in which the distribution of information continued. Second; cases in which the distribution of information had ended. Third; cases in which the continuation of the distribution of information is unknown and the court did not consider it. I concluded that the Order of the Ministry of Internal Affairs and Communications, as amended in 2020, applies to earlier distributions of information. And such application should not be considered retroactive.
The purpose of this article is to describe the ongoing debate around the emerging field of “digital constitutionalism” and to examine the significance of this debate, mainly for Japanese constitutional law studies.
To this end, Section II of the article reaffirms the traditional understanding of constitutionalism and constitutional law. In Section III, I provide an overview of the changes in the environment surrounding constitutional studies brought about by digital technology: the strengthening of state power, the emergence of private power actors alongside the state, the dramatically enhanced exercise of fundamental human rights, and he increased risk of infringement on certain rights. In Section IV, I argue that, at present, digital constitutionalism can be seen as (1) an “ism” that aims to make the values of constitutionalism the basic principle of digital space and (2) an umbrella term that encompasses and collectively refers to a series of studies that analyze various ways to realize the values of constitutionalism in the digital space. In Section V, I address the following four questions (i) whether the basic principle of digital space can be the value of constitutionalism, (ii) how constitutional studies face the transformation or evolution of constitutionalism, (iii) whether digital constitutionalism offers specific measures to constitutionalization digital space, and (iv) what is the role of constitutional studies under the pluralism of legal orders in digital space.
Today, Internet users appreciate the services on the Internet as seamless, open, integrated, and interconnected.
However, particularly with the onset of events such as Russia’s invasion of Ukraine and the economic security issues between the US and China, there are growing concerns about the fragmentation of the Internet, known as the Splinternet. Given that the Internet is guaranteed by interoperability and interconnection provided by civilian-standardizing bodies such as the Internet Engineering Task Force (IETF) and the World Wide Web Consortium (W3C), no measures were pre-arranged to prevent or inhibit state intervention. This paper provides an overview
of the tendencies of various players underlying the emergence of the Splinternet, the structure and evolution of the Internet, and the changes in standardizing bodies. Further, reflecting on the nature required of the Internet as a communication infrastructure, the current state of the Internet, and international trends in Splinternet regulation, this paper will examine perspectives to be held in future discussions.
In the first half of this series of papers, we have analyzed past legislative history to clarify the interpretation of the phrases “any information related to an individual”, “can be easily matched with other in formation” and “can identify an individual” in the Japanese Personal Information Protection Law, and to presume the proper interpretation of the definition of “personal information” In the latter part of the series, we will clarify what the purpose of this law is and what is envisioned in the “rights and interests of individuals” by examining the literature of the past 50 years in
Western countries, prove that the presumed interpretation is reasonable, and discuss how the Japanese Personal Information Protection Law should be revised.
The EU Digital Markets Act (DMA) was published in the Official Journal of the EU on October 12, 2022 and will enter into force on May 2, 2023. The DMA has attracted worldwide attention as an important regulation of digital platform companies. DMA specified the obligations of “gatekeepers” and makes strong enforcement like structural remedies possible.
In Japan, the April 2022 “Competition Assessment of the Mobile Ecosystem Interim Report “ suggests that ” It may be necessary to consider a different approach from the competition law approach taken so far” Taking this into consideration, this paper introduces an overview of the DMA, examines its features and issues, and provides suggestions for Japan regarding the design of new digital platform regulatory approach.