Place: Collaboration Room #7 15:30 - 17:30
Name: Koichiro Hayashi
Professor, Institute of Information Security
Title: Cybersecurity and Secrecy of Communication
Secrecy of Communication (hereinafter SoC) is a means to preserve
privacy in the process of communication as one of the fundamental human
rights. As the postal system, born in the Feudal Age, had long been
accompanied by censorship, people could not have relied on the system.
Prohibition of censorship was one of the main targets of French
Revolution, which implies how important SoC is for the human rights.
Japanese Constitution, enacted after the Second World War, naturally
contains the provision for SoC (the latter sentence of Item 2, Article
21). Moreover, Japan is considered to be the strictest observer of SoC.
We should be proud of it, but we are too much accustomed to the status
quo to talk about its boundaries or limitations. This reluctance is
similar to the discussions on Article 9 of the Constitution.
It is a common sense in the international perspective that prohibition
of censorship (the former sentence of Item 2, Article 21) is mandatory,
but SoC is balanced with other legal interests, and may yield to the
superior ones as exceptions. Such exceptions include the searches and
seizures against the crime, and intelligence activities. Further,
especially in regard to cybersecurity, how to deal with communication
logs is becoming another issue in light of SoC.
In this lecture, I will resolve the traditional myth about SoC, and
introduce my new understanding to reconstruct it to keep pace with the
recent developments such as cyberesecurity.