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In April, an amendment to the Provider Liability Limitation Law was passed and passed in order to prevent posting of overheating slander on the Internet.
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Act on Limitation of Liability for Specified Telecommunications Service Provider and Disclosure of Caller Information
Act on Limitation of Liability for Specified Telecommunications Service Provider and Disclosure of Caller InformationIt is,インターネットIn case of infringement of rights, etc.Internet service providerInstead of limiting the scope of liability of the victims, etc., it has been stipulated that the victims, etc. have the right to request the disclosure of the sender information held by the provider, etc.Japan Oflaw.Provider Liability Limitation LawAlso called.
With the spread of the Internet, infringement of the right to abuse the Internet has increased, but it is often difficult to identify the perpetrator unless the provider etc. discloses the communication record.On the other hand, it is impossible for the provider to individually confirm the presence or absence of infringement in the enormous amount of communication sent and received by each individual, and it is difficult to achieve both prevention of infringement and stable service provision, and the right The question is how to protect victims of infringement.
Therefore, for providers, etc.インターネットA law that exempts the liability of providers, etc. who provided the means of infringement, while establishing a system to disclose the personal information of the sender related to infringement of rights using the method at the request of investigative agencies and victims. Was enacted.
With the enactment of this law, providers, etc. will not be liable for infringement of rights using the Internet, etc. under certain conditions.Civil actionIt has become possible to promptly disclose the personal information of persons involved in infringement without going through the procedure of.
- (Law Article 2 No. 1)
- Intended to be received by an unspecified personTelecommunications(Telecommunications Business LawTelecommunications as defined in Article 2, Item 1.The same shall apply hereinafter in this issue. ) (Excluding the transmission of telecommunications intended to be received directly by the public).
- (Law Article 2 No. 2)
- It is used for specified telecommunications (meaning the telecommunications equipment specified in Article 2, Item 2 of the Telecommunications Business Law).
- (Law Article 2 No. 3)
- A person who mediates the communication of another person using the specified telecommunications equipment and uses the other specified telecommunications equipment for the communication of another person.
- * The specified telecommunications service provider here refers not only to providers for the purpose of profit-making business, but also to "web hosting" of "companies, universities, local public organizations, individuals who manage electronic bulletin boards, etc." It should be noted that "persons who operate electronic bulletin boards that can be freely written by third parties" are also included..
- (Law Article 2 No. 4)
- Of specified telecommunications equipment used by specified telecommunications service providersrecoding media(Limited to the information recorded on the recording medium that is transmitted to an unspecified person.) Or the transmitting device of the specified telecommunications equipment (the information input to the transmitting device is unspecified). The person who entered the information in).
- Caller information disclosure request right (law)4 articleRelationship)
- Commentary by the Ministry of Internal Affairs and CommunicationsDescribed in.A person who has been damaged by anonymously transmitted information on the Internet asks a specific telecommunications service provider to recover from the damage.IP,Time stampRight to request disclosure of.
Conditions for which liability is limited
Specified telecommunications service providers (hereinafter referred to as providers) do not have to be liable for compensation if any of the following items are met.
Damage caused by infringement of the rights of others due to failure to prevent the distribution of information
- The provider, etc. itself is not the sender of the information (provided in Article 3, Paragraph 1 of the same law)
- It is technically impossible to take measures to prevent the transmission of information (the text of the same article of the same law).
- I didn't know that the information that infringed the rights was in circulation (No. 1 of the same law), or I knew the distribution of the information, but there was no good reason to admit that the rights of others were infringed. (No. 2 of the same Article of the same Act)
Damage to the caller caused by preventing the distribution of information
- Measures to stop the transmission of information were within the necessary limits (paragraph 2 of the same Article of the same law).
- There was a good reason to admit that the information was infringed on the rights of others (No. 1 of the same Article of the same Act), or the person who allegedly infringed the rights indicated the reason and stopped transmitting. No response was received within 7 days when the information sender was requested to consent to the suspension of transmission (No. 2 of the same Article of the same Act).
Damage to the caller caused by preventing the circulation of information during the campaign period
- Measures to stop the transmission of information were within the necessary limits (Article 3-2 of the same law)
- That information is the information used for election campaigns and activities to prevent elections (No. 1 of the same Article of the same law, No. 2 of the same Article of the same law).
- When there is a request from a public office candidate whose honor has been damaged, a political party reporting the list of the House of Representatives, etc. to stop the transmission by indicating the reason for the infringement of the honor, and requesting the information sender to consent to the suspension of transmission 2 There was no response within a day (No. 1 of the same Article of the same law), or the reason why the honor was infringed by a candidate for public office and the e-mail address of the sender, etc.Public Offices Election ActIn violation of Article 142-3, Paragraph 3 or Article 142-5, Paragraph 1 of the same law, there is a request to stop transmission by indicating that it is not displayed, and the recipient's image is displayed normally. Not done (provider liability limitation law Article 3-2, item 2)
Damage to the caller caused by preventing the distribution of information in private sexual image records
Revenge porn damage prevention lawSpecial provisions of the Provider Liability Limitation Law stipulated in Article 4
- Measures to stop the transmission of information were within the necessary limit (Article 4 of the Revenge Porn Damage Prevention Law)
- There is a request from a person who alleges that the right has been infringed to stop the transmission by indicating the reason why the honor or the peace of private life has been infringed (No. 1 of the same law), and the information sender is requested to consent to the suspension of transmission. In that case (No. 2 of the same law), there was no response within 2 days (No. 3 of the same law).
Damage caused to the disclosure requester by not disclosing the caller information
- Providers themselves are not the originators of information
- There was no intentional or gross negligence
Disclosure of caller information
A person who alleges that the right has been infringed may request the provider, etc. to disclose the sender information held by the provider, etc., if any of the following items applies.
- It is clear that the rights were infringed by the distribution of infringing information.
- Is the caller information necessary for exercising the claimant's right to claim damages, or there are other justifiable reasons for receiving the disclosure of the caller information?
The provider, etc. that received the disclosure request must hear their opinions on whether or not to disclose to the sender, unless there are circumstances such as the inability to contact the sender.
- Name or name of the sender or other person involved in the transmission of infringing information
- Address of the caller or other person involved in sending infringing information
- Caller電子 メ ー ルAddress (Short message serviceIncluding the address of)
- Infringement informationIP address
- Date and time when infringement information was sent from the IP address of the previous issue
In addition, it is stipulated that the requester who receives the disclosure of the sender information must not unduly harm the honor of the sender and the peace of life by using the sender information.As a general rule, the provider, etc. must acquire all the above information, and if all the above information is not acquired properly (for example, the case where only the IP address is acquired), the provider There is a risk of liability for illegal acts such as.
Specific procedure example
Follow the procedures in accordance with the "Provider Liability Limitation Law Caller Information Disclosure Guidelines" issued by the Provider Liability Limitation Law Guidelines Review Council..
A person who wishes to request information disclosure submits an invoice to the provider, etc., together with materials for verifying the identity of the requester and evidence of infringement of rights.The invoice format used is the one specified in the "Provider Liability Limitation Law Caller Information Disclosure Guidelines".As a general rule, the billing procedure is submitted in writing,電子 メ ー ル,FAXEtc. are also permitted.
Correspondence of providers, etc.
Received a requestInternet providerEtc., omission of form, requester'sIdentificationTo confirm whether or not the sender information is possessed.If the sender information is not possessed or is difficult to identify, the claimant will be notified that disclosure is not possible.If you have the sender information, you can check the infringement information and ask the sender for your opinion on the disclosure, but if it is impossible or difficult to inquire about the opinion, you do not have to do it.In addition, even if the infringement of rights is obvious from the claimant's allegations and evidence, it is not necessary to hear the sender's opinion.If the caller is inquired about his / her opinion and no response is obtained within two weeks, it can be considered that there is no claim from the caller.
The reason for requesting disclosure is
- When it is for exercising the right to claim damages
- When necessary for requesting rehabilitation measures such as apology advertisements
- When it is necessary to exercise the right to request an injunction, such as a request for deletion from the caller
If it falls under, it is considered that there is a valid reason.
- ^ "About Provider Liability Limitation Law | Sony Network Communications Company Information". www.sonynetwork.co.jp. 2020/11/14Browse.
- ^ a b c d (PDF) -Ministry of Internal Affairs and Communications
- ^ "(PDF)”. Council for Examining Guidelines for the Provider Liability Limitation Law (2011). 2015/1/2Browse.
- Anonymous bulletin board
- Law on the development of an environment in which young people can use the Internet safely and securely
- Act on Prevention of Damage by Providing Private Sexual Image Recording
- Information and communication bill
- Smiley Kikuchi trauma damage case
- Online bullying
- Anti-Counterfeiting and Pirate Proliferation Treaty (ACTA)
- Ordinance on prohibition of recording harmful information related to Okayama City electronic bulletin boards
- Act on Limitation of Liability for Specified Telecommunications Service Provider and Disclosure of Caller Information e-Gov Law Search
- Provider Liability Limitation Law Related Information Website --There are guidelines, transmission prevention measures, and information disclosure request procedure formats.
- Provider Liability Limitation Law Guidelines Review Council --There is information on the provider's response guidelines and disclosure procedures.
JapanThen,Lunar month septemberTheYuzukiCalled (Uzuki), and nowNew yearAlso used as an alias for April. It is a dogma that the origin of Uzuki is an abbreviation for "Uno Hanazuki", the month in which Usu flowers bloom. However, there is a theory that the origin of Uzuki is different and that it is called a flower because it blooms in Uzuki. Theories other than "Uzuki no Kagetsu" include:ZodiacThe fourth is卯Therefore, the theory of "Uzuki",RiceBecause it is the month for planting seedlings, it is "Uzuki", "Uetsuki", "Tanahezuki" and "Nauezuki". There is such a theory. Another name is "Natsu Hazuki".
In Japan, it is famous as the beginning of a new school year or semester, and schools, government agencies, companies, etc.Entrance ceremony-Entrance ceremonyWill be held, and it will be rushing as in March of the previous month. Although the number of households and population is small,Yuzuki"Last name(Last name) also exists. April is every year7Starts on the same day asleap yearTo1Both will be the same.
Engetsu (Old moon), Uetsuki (Uetsuki), Uzuki (Uzuki), Unohanazuki (Ukatsuki), Kengetsu (Dry moon), Kenshigetsu (Kentsuki), this Torizuki (Koba leaf harvesting month), Chingetsu (Chinese moon), Natsuhazuki (first summer), Bakushu (barley autumn), Hananokozuki (Hanazukuri), Mouka (Mengatsu)
September annual events
- May 4 - April Fool(in the world)
- May 4 - Flower festival(Japan etc.)
- May 3からMay 4Sunday between (1 day only, unspecified date)- Easter(キ リ ス ト 教Cultural countries)
- Once every few years3become. Depending on the country or region, Good Friday (the last Friday) and/or Easter Monday (the next Monday) may be holidays.
- May 4-(Italy)
- Unspecified date- Pesach(イ ス ラ エ ルandJewish）
- May 4 - Showa Day.2006,HeiseiUntil 18Greenery Day,1988(ShowaUntil 63 years)Emperor's birthday holiday(Emperor ShowaBirthday) (Japan)
- Golden week --From the end of AprilNext monthWeek with many holidays that lasts until the beginning (Japan)
Sports held in September
- Late March to early April- Selected High School Baseball Tournament(Hanshin Koshien Stadium）
- Last Sunday in May or First Sunday in June- Osaka Cup(Horse racing Hanshin Racecourse）
- First Sunday- Wrestlemania
- Second Monday- NCAA Men's Basketball Tournamentfinal
- Early to mid- Major league baseballOfficial game start (baseball）
- Early to mid- Japan Championship Swimming Tournament(Swimming)
- Third Sunday or Fourth Sunday- Sakura Flower Award(Horse Race Hanshin Racecourse)
- Second Saturday- Grand national(Horse racing Aintree Racecourse）
- Third Saturday or Fourth Saturday- Nakayama Grand Jump(Horse racing Nakayama Racecourse）
- Weekends including the 2rd Sunday- Masters Tournament(golf Augusta National Golf Club）
- 2nd Sunday or 3rd Sunday (the week following the Sakura Award)- Satsuki Award(Horse racing Nakayama Racecourse)
- First Sunday- Rotterdam Marathon(Rotterdam）
- First Sunday- Empress Cup All Japan Women's Judo Championships(Yokohama Cultural Gymnasium）
- Second Monday- Boston Marathon(The United States of America-MassachusettsDuffel Bag）
- Mid to late- NBARegular season ends, playoffs start (basketball）
- Late (mainly on the 4th Sunday)- London marathon(The United Kingdom-UK）
- Last week to early May- All Star Auto Race
- Sunday from mid to late- Waseda Regatta(Sumida River）
- 29 days - All Japan Judo Championship(Nippon Budokan）
- Late to early April- Japanese Championship Bicycle
- Last Sunday or May 5st Sunday- Emperor Award-Spring(Horse racing Kyoto Racecourse）
July theme song
- December rain (song: DREAMS COME TRUE）
- APRIL STARS (song: Akina Nakamori）
- April ~ Theme of “Dear Friends” ~ (song: SPEED）
- The April Fools (song: Yuki Saito）
- In April (song: Mako Ishino）
- April is a wind traveler (song: Seiko Matsuda）
- April wind (song: Elephant Kashimashi）
- April idiot (song: Coconut）
- In April she (sung:Simon & Garfunkel）
- Snow in April, which is rare in Tokyo (Song: Shin Koda）
- April snow (song: Ritsuko Okazaki）
- April Shower ~ April Arashi ~ (Song: BONNIE PINK）
- April Mirage (Song:Base Ball Bear）
- April (Song:Junichi Inagaki）
- April XNUMX (Song:Kagrra,）
- Around Uzuki (Song:Coconut）
- April Fish (Song:Yukihiro Takahashi）
- April rain (lyrics composition: AIKO song: aiko)
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