AVAR2004AVAR200425-26 November 2004 in Tokyo, Japan25-26 November 2004 in Tokyo, Japan

Computer Secutiry Situation in Japan (Report from National Police Agency Japan)

Takashi Garcia SATOTakashi Garcia SATO Assistant Director, Superintendent, Cybercrime Division

National Police Agency, Japantsato01@npa.go.jp

ContentContent

1. Trend in Internet Usage in Japan2. Countermeasures by Police

i. Organizationii. Investigation – Statisticsiii. Cooperation with Industrial Circlesiv. Improvement of Public Awarenessv. International Cooperation

3. Legal System against Cybercrimei. Basic Laws

ii. Recent Progress of Laws

1. Trends in Internet Usage in Japan1. Trends in Internet Usage in Japan

Estimated 77.30 millions (2003).

Population of Japan:

127.4 millions (2003)

→60.6% of Population is using internet in Japan.

0

10

20

30

40

50

60

70

80Millions

'97 '98 '99 '00 '01 '02 '03

2. Countermeasures by Police2. Countermeasures by Police i.i. OrganizationOrganization

National Police Agency Coordinates/Advises Local Police

Cybercrime DivisionProvides Technical Assistance

High-Tech Crime Technology Division

47 Prefectural Police (Local Police)– Task Force against Cybercrime– Agents with High-tech– Information Security Advisors

47 Prefectural PoliceNPA

-Task Force against Cybercrime-Hiring Agents with High-tech-Equipments for Cybercrime Investigation (ex. High Efficiency Computer)-Information Security Advisor

　　High-Tech Crime

Technology Division

Technical Assistance

Liaison & Coordination,Advice

Cybercrime Division

• Technology Center• Cyber Terrorism Technology Center (Cyber Force Center)• Cyber Force

-Investigate Cybercrime

-Counter Cyber Terrorism

-Cooperate with Industrial Circles

-Raise Public Awareness about Information Security

-Train Police Personnels

-Keep the IT Society Safe and Secure

Organization against CybercrimeOrganization against Cybercrime

Established in April 2004 Approximately 20 personnel Duties

– Coordinates/Advises Local Police about investigations– Raises public awareness about Information Security– Plays a role as contact point of international cooperation– Makes IT security policies and drafts of new or revised law

Cybercrime Division, NPACybercrime Division, NPA

ii.ii. Investgation - StatistictsInvestgation - StatistictsArrest Rate for CybercrimeArrest Rate for Cybercrime

8021209

14711649

30

44

55

63

10567

67

145

0200400600800

1000

12001400160018002000

2000 2001 2002 2003

Violation of the Unauthorized Computer Access LawCrime against Computer/ DateInternet Crime

913

1339

1606

1849

Analysis of Arrest Rate for CybercrimeAnalysis of Arrest Rate for Cybercrime

67 67 105 145 40＋

44 63 30 55 25＋

Computer Fraud 33 48 18 34 16＋

Illegal production/ Destruction ofelectro- magnetic data 9 11 8 12 4＋

Obstruction of business bydestroying computer

2 4 4 9 5＋

178＋

Child Prostitution 8 117 268 269 1＋

Child Pornography 113 128 140 102 38－

Fraud 306 485 514 521 7＋

Distribution of Obscene Object 154 103 109 113 4＋

Violation of juvenile protectionordinance

2 10 70 120 50＋

Intimidation 17 40 33 38 5＋

Infringement of Copyright 80 86 66 87 21＋

Defamation 30 42 27 46 19＋

Others 92 198 244 353 109＋

243＋

37－

2002 2003

121

2000

245

2001

408

Total

Crime against Computer/ Data

Internet Crime

Unauthorized Computer Access

371

913

1,209 1,471 1,649802

1,339 1,606 1,849

Example of Specific Cases (1)Example of Specific Cases (1)

Unauthorized Computer Access– Criminal stole other persons’ ID and password, illegally

accessed to the Internet auction site and put fake goods in the auction. 31 victims paid about 4 millions yen to his fake name banking account. (unauthorized computer access, fraud etc., 2004 February, Saitama, Yamagata, Ibaragi, Kyoto and Okayama)

Crime against Computer / Data– Criminal deleted hospital’s data such as 500 patients’ name,

address and disease name and obstructed business of the hospital because he received a caution in the hospital and got angry. (obstruction of business by destroying a computer etc. 2004 March, Hyogo)

Example of Specific Cases (2)Example of Specific Cases (2) Internet Crime

– Criminal found the message from junior high school girl in dating service site for mobile phone. He contacted the girl through the internet and promised to pay 30000 yen to her for child prostitution. (Violation of Child Pornography and Prostitution Law, 2004 February, Hiroshima)

– Criminal put the message of sale of game software on the internet bbs. He sold copied CD-Rs of game software to 29 persons without permission of the copyright holder. (Violation of Copyright Law, 2004 March, Aomori )

– Criminal put the message such as “I will go to XXX post office for robber on next Sunday. Can you stop it?” on the internet bbs and threaten the post office. (Intimidation, 2004 May, Gunma)

Cases Consulted with PoliceCases Consulted with Police People can consult with the police on cyber crimes and other network-related

incidents. – 11,135 cases in 2000– 17,277 cases in 2001– 19,329 cases in 2002– 41,754 cases in 2003

Breakdown of 41,754 in 2003– 20,738 Fraud & Sharp Business – 5,999 Internet Auctions– 4,225 Illegal & Harmful Contents– 2,619 Defamation– 2,329 Spam E-mails– 1,147 Unauthorized Computer Access and Virus – 4,697 Others

Examples of Cases consulted with PoliceExamples of Cases consulted with Police

Fraud & Sharp Business– Someone sent email which says that he is a creditor and

strongly demands the charge for accessing pay internet site. (In general those who receive those emails have no access to this kind of pay internet site. But it becomes big profit if one out of hundred persons pays to him!)

Internet Auctions– The winner of a bid for some goods in internet auction sent

money to get the goods. But he/she received no goods and lost contact with the owner of the goods.

(Sometimes the information of contact to the owner of goods is fake.)

iii. Cooperation with Industrial Circlesiii. Cooperation with Industrial Circles

Comprehensive Security Meeting (NPA)– composed with various experts about IT from private

sector– discuss policy of cooperation between industrial circles

and police

Connection Conferences with ISP (each prefecture)– composed with ISP, police and prefecture– exchange information about cyber crime

iv. Improvement of Public Awareness (1) iv. Improvement of Public Awareness (1) Home page of counter-cybercrime of the National Police

Agency ( http://www.npa.go.jp/cyber/ )– Policies for information security– Contact information for Prefectural Police in case of cybercrime– Statistics of cybercrime etc.

iv. Improvement of Public Awareness (2) iv. Improvement of Public Awareness (2) Home page of @police (security portal site of the National

Police Agency) ( http://www.cyberpolice.go.jp/ )– Prompt and accurate information in case of emergency – Internet Activities Monitored (every 15 minutes’ renewal )– Technical Advices for Internet Users– News of Security Trends in the world

National Police Agency ・ Analysis of Criminal Cases and Consultations・ Making Policies to Raise Public Awareness on IT Security

Information Security Advisor

Liaison & Coordination

Companies

Entities Concerned

CitizenPublic Relations, Education, Consultation, Advice

Connection Conferences with ISP

Assistance Based on Unauthorized Computer Access Law

Public RelationsEducationConsultationLiaison &

CoordinationExchange of ideas

Prefectural Police(Local Police)

iviv.. Improvement of Public Awareness (3) Improvement of Public Awareness (3)

Cooperation

v. International Cooperationv. International Cooperation

G8 Lyon/Rome Group– “High-Tech Crime Sub Group”– Daily Cooperation through the “24-Hour Contacts for

International High-Tech Crime” ICPO

– Daily Cooperation among each state’s police through the ICPO

– “Asia-South Pacific Working Party on IT Crime” APEC Council of Europe

3. Legal System against Cybercrime3. Legal System against Cybercrimei. Basic Lawsi. Basic Laws

Unauthorized Computer Access Law (legislated in 1999)

Penal Code Law for Punishing Acts Related to Child Prostitution

and Child Pornography (legislated in 1999)

Other domestic criminal laws (e.g. drug, firearms, copyright protection and so on)

Prohibition of unauthorized computer access and penal provisions (Article 3 and 8)

Prohibition of facilitation of unauthorizedcomputer access and penal provisions (Article 4 and 9)

Prohibition of unauthorized computer access

Less than 1 year in prisonor a fine less than 500,000 yen

Fine less than 300,000 yen

Protective measures by access administrators(Article 5)

○ Secure maintenance of ID codes 　　○ Upgrading the access control function　　

Assistance by Prefectural Public Safety Commissions (Article 6)

○ Emergency response to attacking incidents

Sharing information with National Public Safety Commission, Minister of Economy,Trade and Industry and Minister of Public Management, Home Affairs,Posts and Telecommunications (Article 7)○ Publication of the status of unauthorized computer access○ Publication of the research and development ofsecurity technology○ Public relation and education

Protective measures

Sound growth of advanced information-communication society

Prevention of high-tech crime/ maintenance of the order of electrical communication

Unauthorized Computer Access LawUnauthorized Computer Access Law

Penal Code – provisions relating to CyberPenal Code – provisions relating to Cybercrimecrime

Illegal production and use of an electromagnetic record (Art.161bis) - less than 10 years in prison or fine less than one million yen

Illegal production and use of an electromagnetic record on payment card (Art. 163bis) - less than 10 years in prison or fine less than one million yen

Interference with business transaction by computer system (Art. 234bis) - less than 5 years in prison or fine less than one million yen

Computer Fraud (Art. 246bis) - less than 10 years in prison

Destruction of official or private electromagnetic record (Art. 258 - 259) - less than 7 years in prison

Law against Child Prostitution and Child Law against Child Prostitution and Child PornographyPornography

Prohibition of child prostitution and invitation of child prostitution (Art.4 - 6) - less than 7 years in prison and/or fine less than 10 million yen

Prohibition of production and distribution of child pornography (Art.7) - less than 5 years in prison and/or fine less than 5 million yen

Prohibition of dealing (selling and buying) of children under the purpose of child prostitution or child pornography (Art.8) – 1-10 years or more than 2 years in prison

Children under 18 years old are protected by this law.

ii. Recent Progress of Lawsii. Recent Progress of LawsRecent problems about Information SecurityRecent problems about Information Security

Computer Virus (e.g. MS Blaster) Websites often used by criminals (e.g. internet aucti

on site, date servicing site) P2P tool (file exchange software) (e.g. Winny or Wi

nMX) Leakage of digital personal information from big

companies Anonymous environment (e.g. internet café, wireless

LAN, …)

Recent Progress on Legal SystemRecent Progress on Legal System

Submission of revision of Penal Code, Criminal Procedural Law and so on, to Diet, to join the Convention of Cybercrime

Secondhand Dealers Law (come into effect from September 2003)

Law on Control of Dating Service on the Internet (come into effect from September 2003)

Convention on Cybercrime (1)Convention on Cybercrime (1)

Substantive Criminal Law– Illegal Access – Illegal Interception– Data Interference– System Interference– Misuse of Devices (Computer Viruses)– Forgery and Fraud– Child Pornography– Infringements of Copyright

Procedural Law– Expedited Preservation of Stored Computer Data– Production Order– Search and Seizure of Stored Computer Data– Real-Time Collection of Computer Data

International Co-operation– Extradition– Mutual Assistance

http://conventions.coe.int

Convention on Cybercrime (2)Convention on Cybercrime (2)

Revision of Penal Code, Criminal Procedural Law Revision of Penal Code, Criminal Procedural Law

and so onand so on

Penal Code – Production and Distribution of Computer Virus

Criminal Procedural Law– Seizure of Digital Evidence from Remote Computer– Request of Cooperation (to those who receive seizure)– Request of Preservation (from police) (maximum 90

days) Unauthorized Computer Access Law

– expansion of criminal jurisdiction to outside Japan

Secondhand Dealers LawSecondhand Dealers Law

Target: – Secondhand Dealers using the technology of

information and telecommunication (mainly internet auction dealers)

Content: – Dealers have to submit documents to local Public

Safety Commission (local Police) when they want to start internet auction which may deal with secondhand goods.

– Dealers have to report to Police when the goods on the internet auction have possibility of stolen goods.

– Police can issue stop order when the goods on the internet auction have big possibility of stolen goods.

Law on Control of Dating Service on the InternetLaw on Control of Dating Service on the Internet

Target: – Dating Service Providers, Users of Dating Service

Content: – Prohibition of invitation to make sexual intercourse or

invitation to do pay dating service with children (under 18 years old), using dating service on the internet (to children or from children)

– Dating Service Providers must take measures to prevent children from using dating service on the internet, in view of the damages of children by crimes resulting from dating service on the internet.

Thank you very much !!!

Takashi Garcia SATOTakashi Garcia SATO Assistant Director, Superintendent, Cybercrime Division

National Police Agency, Japantsato01@npa.go.jp