Yomiuri: Industrial espionage targeted
The government has drawn up a law to clamp down on industrial espionage because of the ease with which industrial spies are able to obtain important technological information due to a lack of appropriate regulations. Such circumstances have led to Japan becoming known as a spies' paradise. As such, the law must be promptly improved, not least because leaked information could potentially threaten the nation's security. If someone steals secret information from a company, the act cannot be legally regulated under the current legal framework, because information is not regarded as protectable property under the Penal Code. While the Unfair Competition Prevention Law can regulate such acts, there are several problems with using this law, such as being required to specify to whom the stolen information is provided. As such, the law does not effectively control industrial spying. For example, in a case where a company employee copies confidential company information to media and devices provided by the firm--such as a floppy disk, a CD-ROM or a laptop computer--and removes such items from the company's premises, under the Penal Code, the employee currently is only punished for stealing or embezzling the actual item. As these items are very cheap, thieves often avoid arrest. If an individual copies data to his or her equipment, such a person can avoid arrest under the Penal Code completely...more...
One man who is happy that Japan did not have tougher industrial espionage laws is Takashi Okamoto. Prosecutors in the US alleged that Okamoto and colleague Hiroaki Serizawa stole genetic material related to research on a treatment for Alzheimer's disease from a Cleveland clinic. Okamoto was in Japan at the time and was detained by police pending an extradition request. He was later released because a judge ruled that Japan had no industrial espionage law so the extradition request could only be granted on a charge of theft and destruction of property. It was the first time an extradition request had been refused since the bilateral treaty came into force. Prosecutors has already cut a deal with Serizawa, who was only an accessory to the crime, on the assumption they would be able to try Okamoto. He received a fine, three years probation and was sentenced to 150 hours of community service. Not that you would know any of this from the Yomiuri article.