If Google complies with Japanese law, Google will definitely be illegal

Arrested as "assistance" of "Child pornography public display" merely by teaching the linkIt was not done or the bulletin board operator did not upload the image by oneselfArrested for suspicion of publicly displaying obscene drawingsIt is accelerating the movement to crack down on the whole network by rapidly maintaining it by the reaction to the rebound so far, but every time such an incident occursWell then the search engine is out tooAlthough the story saying "I do not have a domestic server, the law of Japan is not applied and it is legally managed" is settled in roughly.

However, as long as Google's current operation policy is "It is certain that even Japanese laws are applied from the previous example, it is illegal because it is performing illegal acts or aiding it," which means that it is illegal , It will not be surprising if they are searched for home or arrested. There is a reason for the activities Google has in China.

By all means Google and Yahoo! , Search engine companies such as MSN, goo, Infoseek and so on are federated and applied to civil affairsProvider liability limit methodIt is something that we would like to positively carry out lobbying activities and recommendations for preparing "criminal version standard" of "criminal edition standard", so it is real circumstance that individuals are hard to coherent even if they raise their voices quite often. It seems that revenues are increasing for each company these days, and it is indispensable to make "upfront investment" for such cases.

That's why, "The details are that Google will become illegal definitely if Google complies with the laws of Japan, three things to do to avoid it, and nothing to declare and do nothing If it does not do about Japan last.
The beginning of the matter was last Wednesday, May 23, 2007 broadcast "TBS "Tetsuya Chikushi NEWS 23"In "Does Google change the world?It is that the feature featured was broadcasted.

Among them, Mr. Tetsuya Chikushi interviewed CEO Eric Schmidt, and among them, when "Google listed on"Do not Be EvilIntroducing the phrase "Not to be evil", and furthermore GoogleIn China, censors search phrase "Tiananmen" according to the request of the Chinese governmentI also explained that using the actual Chinese version of the search results screen. Regarding correspondence in China, it has become a big problem from about a year ago, and some people remember clearly. The following article describes the essay.

US hearing, pursuing four high-tech major companies "complicit in tyranny of the Chinese government"

Google Elliott Schrage said, "One of the requirements for doing business in China is self-regulation, which is contradictory to the company's most basic value and responsibility to Google," Stated.

U.S. Google admits that he is "evil": ITpro

Google co-founder Sergey Brin said in the second week of June, Google bowed down to the pressure from the Chinese government and bent its creed "do not be evil" I admitted the fact that I censored on the site.

However, as far as Google is concerned,voluntary restraintsIt should have been supposed to be ... "In an interview last night, Erik Schmidt said directly"China is the only exception. We are only following the domestic lawsSpeaking. In other words, it follows the law of the country.

To comply with the laws of the country in which this service is deployed,Microsoft MSN or Yahoo! We have already announcedHowever, it is surprising that even Google had such a policy.

With this theory, about the various net related criminal cases happening recently in Japan as I wrote the first, Google also Yahoo! Even MSN neither has to obey every search engine company ... ... In any case, as far as "civil" is concerned, when it comes to the genre of "criminal", if someone complains or accuses, police as a trigger It does not mean that it will not move.Arrested as "assistance" of "Child pornography public display" merely by teaching the linkBecause it is being done, all search engines are likely to encounter similar eyes. Probably all the people in the company will be arrested. If we assert that "the crawler is doing this in a fully automated way, we can not artificially modify it," even if the responsible person is further arrested.

Also, even though the bulletin board operator did not upload pictures by himself, even after the arrestors came out, despite the fact that the rule was made finely and deleted, it was not "assistance" retroactively to past actionsArrested by a former criminal suspected of publicly displaying obscene drawingsIf things like that are possible, it will be a matter of time before regulation of Google and mixi, etc. will probably be a matter of time, and perhaps the industry that provides user-generated content on any net will be affected by a large scale It will happen that all the users will suffer disadvantage ...... It should not be a big expectation. In other words, you mean that you have the same sin as a human who uploaded images.

In this way it will be almost impossible to operate the blog service. Because the arrest play this time is "If you can not delete every illegal content perfectly in real time, you should not manage and operate it, but if you continue to provide services, you are all arrestedBecause it means that. For all blog posts, service providers can only censor them in advance with human labor and display only the ones without problems. By the way, it seems that the image bulletin board arrested was doing the same thing, but because the arrest was retroacted to past case, the existing service provider is annihilated. We have to shut down the service once. As administrators and service providers will be responsible for social bookmark comment fields, blog comment sections, trackbacks, etc., so even if you are in the trial you will be fighting thoroughly, such as people like the Ministry of Justice It will no longer be possible to do business unless it is a company that is equipped with the company.

Furthermore, in addition to that, there is a current situation that the examination progresses steadily even though countermeasures against piracy are nominal at the moment as "copyright punishment" under the copyright law

Slashdot Japan | Is copyright law "non-petty" secretly in progress?

In other words, things that could not be filed for criminal charges unless they are copyrights until now can be arbitrarily arbitrarily arbitrarily arbitrarily by the police's own judgment. As this is too much a harmful effect, it will be quite severe, or if you do not define clear criteria it will be ridiculous.

In contrast to this, Microsoft thinks that we should protest and express opinions, such as Microsoft operating MSN, a search service, and even the largest search site Yahoo! JAPAN in Japan, etc ... ... our company It should be an act that is necessary to maximize profits, so you can get approval from shareholders. Rather, not to act on such matters should be condemned and should not be praised ... ....

In summary, it seems to be "affecting Japan's economy itself if it does not manage it certainly" in the current state related to the Internet in Japan,

1. Provider liability restriction law applied to detectives
As with the Provider Liability Limitation Law applied to civil laws, a provider liability limitation law applicable to criminal is necessary. Since there are no standards at the moment, investigation by "political assistance" or another matter is carried out by the police 'original judgment, and although it aims at one punitive hundreds magical effect, too much contradiction arises. There is no other way to respond to the criticism that you can not arrest you should be arrested and catch small items that do not matter. When thinking of business, business becomes unable to develop if there is a little danger of being searched for a house or being arrested as a criminal case. Especially the risk of managing services like "YouTube" which is the representative of "Web 2.0" in Japan is too large. Also, the police are supposed to do unreasonable exercises as the points go up as long as they are sent for inspection, and the case is that the prosecution and the court will eat and the case not to win in terms of cost effectiveness will be sent Valuable taxes will continue to be used in vain. Of course, whether it is arrested or not prosecuted, even if it is prosecuted and it will be innocent at trial, there is no report and honor recovery can not be done. If it is a venture company, funds run out when it wins, and it collapses.

2. A system that brings opinions of net users to Diet
It is necessary to establish an organization that conducts so-called lobbying for important matters that can not be ignored for all companies involved in the Internet, such as "non-petty" of the copyright law. In other words, it is necessary to create an organization with a series of systems to gather and consolidate the opinions of the net users and bring them to the Diet. Otherwise, business on the Internet in Japan will not develop forever and it will decline more and more. Actually, as globalization is called for, and while being exposed to international competition, it is exactly the reason why Japan is surprisingly behind in terms of the net. I do not say that the power of the Keidanren is necessary, but at least it is okay to send something like "Parents' Congressman".

3. Do not put a person without knowledge about the net in the legal profession
Because there are many cases where the idea of ​​"jurisdiction" per region is not applicable to crime involving the Internet, it is essential to establish a police department that specializes in dealing with net incidents beyond jurisdiction. If you do not make a department consisting of net experts and professionals beyond the level that is familiar with the net, there are frequent cases where criminals who do not know about the net arbitrarily runaway, which may overwhelm the police 's face, police It continues to be criticized as to whether it is going to make a state, and ultimately the people's cooperation can not be obtained and the credibility is lost. For the same reasons as well, prosecutors and judges should also allocate sufficient professional net personnel. And you should change the system so that ignorant people and people who are misunderstood are never responsible for the net. Ultimately, people who do not have knowledge about the net should change the examination system so that they can not be employed in occupations such as police, prosecutors and judges. Among people involved in the judiciary and legal professionals, personnel involved in state power should always be experts so as not to make a wrong judgment. Otherwise unlikely things will continue to happen any number of times. Even if you actually consult the police with trouble about the net, the number of personnel specialized in the net is too small, so it does not correspond unless it is a good example. As far as I covered, as for the investigation of evidence items seized, net relation is waiting in order, at least for one month waiting is Zara. In this way the cost will rise as much as possible, so the police are aiming for an unnecessary shopping effect ... ... in a vicious circle.

Also, if such a thing happens, it is not the role of the existing mass media, especially the newspaper and television, to investigate the point "First, I am funny!" Properly ...... If the memory is certain, tell the fact "And" to monitor power "should have been the origin ... ... It is good to let the press release of the police from the right to the left with just the press like other people's affairs, but after that If you do not do it properly ... Or, the existing mass media is already finishing their lifespan, so why is not the Internet disturbing the truth without going through the mass media disturbing ... ....

Finally, now, what will happen to Japan at the end if not doing "When they first attack CommunistsThis is indicated by quotation.

When the Nazi party attacked communism, I was a bit uneasy about myself, but because I was not a communist, I did nothing.

Then the Nazi party attacked socialists. I was more anxious than before but because I was not a socialist, I did not do anything.

Schools, newspapers, Jews and others were attacked. I was anxious all the time, but I have not done anything yet.

The Nazi party finally attacked the church. I acted because I was a pastor - but that was too late.

in Web Service,   Column, Posted by darkhorse