| Co-Investigator(Kenkyū-buntansha) |
SASAKURA Hiroki THE University of Tokyo, Graduate School of Law and Political Science, Lecturer, 大学院・法学政治学研究科, 講師 (00313057)
IKEDA Kimihiro Kobe University, Graduate School of Law, Associate Professor, 大学院・法学研究科, 助教授 (70302643)
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| Budget Amount *help |
¥3,500,000 (Direct Cost: ¥3,500,000)
Fiscal Year 2001: ¥1,400,000 (Direct Cost: ¥1,400,000)
Fiscal Year 2000: ¥2,100,000 (Direct Cost: ¥2,100,000)
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| Research Abstract |
The rapid development and spread of computer systems and local/global ramputer networks have been inducing the increase and spread of crimes which attack or use as instrument a computer system or computer network, or in relation to which a computer system or computer network plays some incidental role, In the investigation of such computer-related crimes, it is very important, or even crucial, to trace the transmission process through the computer network and/or to obtain relevant computer data and other electronic evidence stored in the computer system and other recording devices. Under the conventional criminal procedure law, which could not fit the highly technological as well as virtual environment of computer system and computer network, however, there arise various novel and difficult problems that might hinder the effective and smooth execution of such investigation. In this research project the researchers have classified these problems into the five aspects : (1) preservation
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and disclosure of data by an Internet or other telecommunication service provider, (2)inspection and seizure of the contents of E-mail and other telecommunications, (3)search and seizure of intangible data stored in a computer system and other recording device, (4)remote search and seizure of computer data stored in a distant computer system and other recoring device connected by network with the computer system at hand, and (5)trans-bordei search and seizure of computer data stored in a network-connected computer system and other recording device located in a foreign county. Based upon the theoretical analysis of major legal issues involved in each asped as well as the comparative study of relevant legal measures adopted in several American and European countries, the researchers have tried to find out and gained a prospect for, the desirable solutions of the problems, some de lege lata and some de lege ferendla.
The major findings of the research have been published in several articles (see REFERENCES below) and stimulated the discussion on the problems among academics and lawyers. They should contribute to the drafting of relevant new laws which the Japanese government is planning to enact in order to ratify the European Cyber-crime Convention. With such new developments taken into account, the researchers will publicize the findings of this research project in a more comprehensive way. Less
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