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Japan’s Embracing of ‘Active Cyber Defense(ACD)’ and Non-aggressive Defense Principle

  • JAPAN SPACE
  • 2024, (35), pp.147-183
  • Publisher : The Institute of Japanese Studies
  • Research Area : Social Science > Area Studies
  • Received : May 20, 2024
  • Accepted : May 30, 2024
  • Published : June 30, 2024

LEE JUNG HWAN 1

1서울대학교

Accredited

ABSTRACT

The Japanese government is working on constructing the legal basis for the adoption of the concept of “active cyber defense” as set forth in the 2022 National Security Strategy. The concept of “active cyber defense” logically conflicts with the secrecy of communications provisions in Article 21 and the principle of non-aggressive defense in Article 9 of the Constitution, so it is necessary to establish a logical system between the Constitution and “active cyber defense.” The introduction of the concept of “active cyber defense,” which involves monitoring potential attacks in cyberspace, identifying the attacker, and promoting forward countermeasures against the attacker’s capabilities, is already a foregone conclusion. “Active cyber defense” is accepted as an international standard led by the United States. Japan’s normalstate is based on the logic that Japan needs to actively respond to external threats and the logic of universalist internationalism that Japan’s role should be the same as other countries. The introduction of “active cyber defense,” which is becoming a new international norm led by the United States, is perceived by Japanese policymakers as a matter of course in terms of acceptance of international standards. Despite this policy change, Japan has not made any sweeping changes to its constitutional interpretation. While the acceptance of ‘active cyber defense’ is a global phenomenon, Japan’s avoidance of changing the existing domestic legal framework to comply with the new international standard of ‘active cyber defense’ is a peculiar phenomenon.

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