著者

安保 克也

出版者

日本国際情報学会

雑誌

国際情報研究 (ISSN:18842178)

巻号頁・発行日

vol.5, no.1, pp.12-23, 2008-12-05 (Released:2016-01-01)

参考文献数

16

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Department of Law and Public Policy Faculty of Contemporary Social Studies,Osaka International UniversityThere have been a variety of theories and court cases on the issue of freedom of expression. This paper tries to analyze the concept of freedom of expression in terms of the impacts of new media such as the Internet have on society. The concept of freedom of expression in the traditional media and the concept of freedom of expression in the new media are not the same thing. It has to be admitted that freedom of expression has not been sufficiently protected under the current situation in the new media represented by the Internet. This is due to the fact that circumstances surrounding the new media have changed greatly.

著者

安保 克也

出版者

日本国際情報学会

雑誌

国際情報研究 (ISSN:18842178)

巻号頁・発行日

vol.6, no.1, pp.39-50, 2009-12-20 (Released:2016-01-01)

参考文献数

6

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In many cases, what a private person or persons, a group or groups, whether known or not, express on the computer network can be defamating others or regarded as defamation. The Internet is a useful tool for expressing ourselves. However, the ability to express ideas anytime, anywhere on the Internet creates a risk of defamation by others, and such defamating and illegal acts could easily be expanded and reproduced by copying them. The resulting amount of damage caused can easily become much greater than before the use of the Internet was common in society. By analyzing decisions of courts of justice on defamation on the computer network, this article examines the responsibility of those who express themselves on the Internet and of the Internet service providers respectively. It also examines the significance of the Japanese Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders.

著者

安保 克也

出版者

関西法政治学研究会

雑誌

憲法論叢 (ISSN:24330795)

巻号頁・発行日

vol.8, pp.97-117, 2002-03-23 (Released:2018-01-10)

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Since the Judgment of the Supreme Court in 1995, the idea that 'Tolerance Theory' is right and that 'Prohibition Theory' is wrong has been debated continuously. Therefore, this paper explores both views. First of all, I researched 'Prohibition Theory', 'Tolerance Theory', and 'Request Theory'. Next, I questioned the Judgment of the Supreme Court dated Feb. 28, 1995 critically. Finally, I put forward a way to solve the problems of foreigner suffrage in municipalities. In conclusion, I justified why I think 'Prohibition Theory' is appropriate. Therefore, I think the problems with the naturalization of foreigners of permanent residence should be solved by the political consideration such as the amelioration of the condition for naturalization.

著者

安保 克也

出版者

関西法政治学研究会

雑誌

憲法論叢 (ISSN:24330795)

巻号頁・発行日

vol.15, pp.101-126, 2008-12-27 (Released:2018-01-10)

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It seems that wars in the 21st century are mainly in the form of Cyber Warfare rather than a more conventional style of confrontation. Cyber Warfare breaks out without declaration. Therefore, under the current Japanese legal system it is difficult to prevent Cyber Warfare, which is fought in the lawless zone called Cyberspace. If there were any legal regulations, such as international treaties, these laws would be broken easily with the new technology that is available. This paper tries to analyze how different nations tackle Cyber Warfare and how Cyber Warfare could be interpreted legally. It also makes several how suggestions on the Japanese defense policy against Cyber Warfare.

著者

安保 克也

出版者

日本国際情報学会

雑誌

国際情報研究

巻号頁・発行日

vol.6, no.1, pp.39-50, 2009

---

In many cases, what a private person or persons, a group or groups, whether known or not, express on the computer network can be defamating others or regarded as defamation. <br>The Internet is a useful tool for expressing ourselves. However, the ability to express ideas anytime, anywhere on the Internet creates a risk of defamation by others, and such defamating and illegal acts could easily be expanded and reproduced by copying them. The resulting amount of damage caused can easily become much greater than before the use of the Internet was common in society. <br> By analyzing decisions of courts of justice on defamation on the computer network, this article examines the responsibility of those who express themselves on the Internet and of the Internet service providers respectively. <br>It also examines the significance of the Japanese Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders.

著者

安保 克也

出版者

関西法政治学研究会

雑誌

憲法論叢 (ISSN:1343635X)

巻号頁・発行日

vol.15, pp.101-126, 2008

被引用文献数

1

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It seems that wars in the 21st century are mainly in the form of Cyber Warfare rather than a more conventional style of confrontation. Cyber Warfare breaks out without declaration. Therefore, under the current Japanese legal system it is difficult to prevent Cyber Warfare, which is fought in the lawless zone called Cyberspace. If there were any legal regulations, such as international treaties, these laws would be broken easily with the new technology that is available. This paper tries to analyze how different nations tackle Cyber Warfare and how Cyber Warfare could be interpreted legally. It also makes several how suggestions on the Japanese defense policy against Cyber Warfare.