Controlled Digital Lending (CDL) is a model designed to make digital lending by libraries possible through fair use under US copyright law. In CDL, digitized books with DRM are lent out in a one-to-one correspondence with the number of physical books owned. CDL advocates argue that CDL is fair use. In this paper, after reviewing the arguments of CDL advocates, I examined the applicability of fair use based on the market failure theory and its modification theory. As a result, it was concluded that CDL can be considered as fair use under either theory. In Japan as well, since CDL contributes to the public benefits by eliminating disparities in information access caused by physical factors of libraries, it is desirable to establish a system to enable CDL. Therefore, I proposed the introduction of a copyright exception that follows the requirements of CDL.

In recent years, the utilization and sharing of cyber threat intelligence has become widespread in the practice of cybersecurity, and as one of the collection methods, some entities collect information or purchase data in the dark market. There are also companies that buy back information stolen in the dark market. The US Department of Justice has published guidelines on legal considerations for engaging in such activities on the dark web. This paper will introduce the details of this guideline, analyzes such legal considerations under Japanese laws, and give tips and advice upon actually providing and obtaining cyber threat intelligence services.

Profiling technology has been used in various fields such as finance, human resources, and education, and profiling regulation has become an issue in Act on the Protection of Personal Information (APPI). This paper examines the discussions on profiling regulations from the enactment of APPI in 2003 to the revision in 2020.

After the 2020 amendment, profiling regulations have been implemented under APPI (Provisions on specifying the purpose of use, etc.).

In order to interpret the profiling regulations introduced by the 2020 amendment, it is essential to analyze and evaluate the legal purpose of APPI.

Facial recognition technology is a frequently used and generally accepted technology. In 2018, The United States Supreme Court held, in a 5–4 decision authored by Chief Justice Roberts, that the government’s warrantless acquisition of Carpenter’s cell-site records violated his Fourth Amendment right against unreasonable searches and seizures. This paper will make recommendations on the potential benefits and drawbacks of using facial recognition technology for criminal investigation through comparison with this ruling.

The law for the unification of the personal information protection system in Japan have been enacted. The common rules of the law will be applied to local governments, but it is expected that this will reduce the content of personal information protection stipulated by the personal information protection ordinance. If this reduction is only nominal, it will not be a problem, but if it is real, it is necessary to clarify how the ordinance can be regulated by law. This is even more so if the relationship between both is not just a priority/subordination relationship, and the relationship can be determined after considering the purpose and effect. In addition, if the provisions of the ordinance aimed at guaranteeing human rights are regulated by law, it will be necessary to consider restrictions on human rights.