Because of the need to protect network-connected industries, especially critical infrastructures, and in order to respond to new forms of cyberattacks such as those using botnets, the German legislature has proposed another unauthorized access offense (StGB §202e) in addition to the existing StGB §202a. Compared to its predecessor, StGB §202e does not require that one overcomes a security measure to be applicable; it also has clauses that increase punishment in certain circumstances: acting for a fee, or acting for the purpose of impairing the function of critical infrastructures. German legal scholars also recognize the necessity of reforming to some extent current criminal law statutes to apply to the new forms of cybercrime, and this new statute would certainly make acts punishable that remain unpunishable under current criminal statutes. However, many opponents object the proposed StGB §202e because the punitive scope of this new offense is so broad that there is a major risk of punishing daily and unharmful acts. The discussions pertaining to StGB §202e in Germany illuminate some key points for creating appropriate regulations to prevent cyberattacks in Japan. In this article, I introduce the discussion about this theme to obtain some valuable information concerning Japanese cybercrime legislation.

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Currently, Niigata prefecture is the place called the hometown and the center of "Koshi-Hikari", now a famous rice whose name has been established as a top brand rice in Japan and consumed and eaten adoringly. In the world of rice distribution, it has been said that "without the free-market rice, the vehicle of rice distribution in Japan does not run" and thus, the Koshi-Hikari from Niigata has been sought on target by every dealer of free-market rice. In the fall of 1993 when the poorest rice crop was experienced first since the world war II, eyes of every dealer of free-market rice were glued to Niigata more intensely than usual year, since Hokkaidoh and Tohoku districts were struck by destructive damages in rice crop. It is because these districts were found to be rather favoured, compared to above districts, with the rice crop index in Niigata shown to be "89", comparatively rather better value in the poor harvest circumstances. Presently, such rumour spread that the free-market rice dealers, who had purchased mainly in Hokkaidoh and Tohoku regions previously, rushed into Niigata, and it was true that resultantly thus the persons of agricultural cooperative got to be nervous. The dealers began to act behind the scenes late August, the harvest time of "Aki-Hikari". Such high price of 23,000 yen for sixty kilograms had been offered. Naturally, they were also aiming at getting Koshi-Hikari. Farmers of Uonuma districts were experiencing attacks and approaches continuously from the dealers. It is because not only the free-market dealers but also the retailers came up there to buy and contract the free-market rice. They offered 32,000 yen for sixty kilograms of rice! In order to make up for the loss of poor crop last year, farmers cannot help consenting to make contracts. Beyond, in October, such case occurred that black market rice was forced to be transported out by truck from the warehouse of the authorized rice dealer in Kata-Higashi village, Nishi-Kanbara-gun. Mass media reported vigorously the transportation of black market rice carried out with the guard and watch and stop by Local Food Agency Offices neglected and ignored, because it should be said to symbolize the autumn of confusion in rice distribution. The autumn of confusion treatening these districts producing the brand rice and the rice disturbance in Heisei followed by it. Among these events, there was on thing demonstrated, Adherence and attachment of Japanese people to the "rice produced in Japan".

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