Japan Is Developing Digital Weapons: A Constitution Against Cybersecurity

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The new cabinet has postponed critical measures to ensure the country's security.

The Japanese government's planned bill to strengthen cybersecurity is unlikely to be presented before the end of the year - the process has stalled after the change of prime minister and the defeat of the ruling party in the recent elections. Initially, the bill was supposed to be submitted for consideration at the autumn extraordinary session of parliament, but due to the changed political situation, the deadline was postponed.

The bill aims to introduce "active cyber defense" tactics, including monitoring and preventing cyberattacks on government agencies and critical infrastructure. This includes the ability to interfere with the operation of the attackers' servers to neutralize them, if necessary.

However, discussions have revealed concerns that monitoring communications could violate constitutional guarantees of communication secrecy. After the expert commission presented an interim report on cybersecurity on August 6, former Prime Minister Fumio Kishida announced that he would not participate in the race for the post of leader of the Liberal Democratic Party (LDP), which effectively meant his resignation.

Since then, discussions of the bill have not resumed. Political uncertainty worsened after the defeat of the LDP and its coalition partner, the Komeito Party, in the October 27 elections. The new prime minister, Shigeru Ishiba, was faced with the need to enlist the support of the opposition to pass laws, which complicated the situation.

According to one of the former defense ministers, the government will be able to return to the issue no earlier than the next regular session of parliament in the new year. Officials note that the ruling coalition is now in the status of a "minority government" focused on finding allies to adopt a supplementary budget for fiscal year 2024.

Positions in favor of cyber defense have also weakened within the LDP - Akira Amari, the main supporter of this policy, has lost his seat in the lower house of parliament. Although the LDP's election program emphasized the need to strengthen cybersecurity to the level of the United States and European countries, uncertainty slows down the implementation of this initiative.

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