“Remote analysis” of smartphone information acquisition targets impending damage; cabinet approves bill to revise law

On the 16th, the government approved a bill to revise the Police Officer Duties Execution Act, which stipulates system procedures, in order to introduce a method for the police to remotely obtain information recorded on the smartphones of criminal groups as a countermeasure against criminal damage caused by anonymous and mobile criminal groups. It will be submitted to the current extraordinary session of the Diet. The revised law is scheduled to go into effect within six months of its promulgation, and if passed, it could be implemented as early as next year.

The Diet is expected to debate issues such as how to ensure strict and proper operation and how to establish a verification system, as it relates to the Constitution's ``secrecy of communications'' and privacy.

葉梨康弘国家公安委員長は16日の閣議後の記者会見で、「犯罪の脅威にさらされている国民の安全、安心を確保するため、一刻も早い導入が必要だ。早期に可決成立するよう、改正の必要性などを丁寧に説明していきたい」と述べた。

In this method, police secretly access smartphones and other devices used by criminal groups and obtain and analyze information recorded on the devices, which the National Police Agency calls ``remote analysis.'' The aim is to prevent further damage by obtaining information about people who are about to become victims from the devices of those responsible for directing the anonymous flow. It appears that a method called ``policeware,'' in which malware (malicious programs) is installed on the recipient's device, is being considered.

Requires permission from judge

The proposed revision to the Police Profession Law stipulates that the purpose of remote analysis is to prevent damage from spreading or occurring when a crime (serious crime) that is likely to endanger human life or body or cause serious damage to property has already been committed, and it is recognized that similar criminal damage will occur.

The proposed amendment does not specify that the target is illegal transfer, nor does it specify the type of crime. It targets crimes caused by "collusion of several people" and requires urgency to prevent damage and the extreme difficulty of collecting information by other methods.

A ``damage prevention computer investigator'' appointed by the Commissioner of the National Police Agency will conduct remote analysis. The device connects to a device that is believed to have been used by a perpetrator of a serious crime to communicate with other perpetrators or to contact someone who is about to be harmed, and copies and obtains only the information necessary to prevent damage from among the recorded information. The target information included the name and address of the person who was about to be harmed, the date and time of the crime, and matters necessary to prevent damage.

Obligation to report to the Public Safety Commission

Investigators must obtain permission from the judge in advance. When requesting a warrant, indicate the reason for meeting the requirements, the reason for targeting the device, the scope of records to be copied or obtained, and attach materials proving that these are necessary (explanatory materials). The specific content and procedures of remote analysis will also be described.

If the investigator handles information not specified in the warrant, the investigator must not provide it to anyone else and is obligated to erase all information.

In principle, the investigator will notify the device user without delay after completing the measures. It also stipulates that remote analysis must be reported to the Public Safety Commission each time it is carried out, and that the Commission will confirm whether remote analysis has been carried out appropriately and instruct the Commissioner of the National Police Agency and others to take necessary measures to ensure appropriateness.

The National Police Agency is reporting a special fraud due to hidden leaks...