Initial Disclosure Date: Oct 15, 2014

On October 14, 2014, the Japanese Cabinet decided to start enforcing the Act on the Protection of Specially Designated Secrets or so-called State Secrets Law, which was promulgated on December 13, 2013, and adopted guidelines on how to implement the act. Each ministry and agency used to have a different criterion to classify information, but now the act allows the Japanese government to have a unified rule. Under the act, the head of 19 ministries and agencies such as the Ministry of Defense and National Police Agency can designate information, whose leak can significantly damage Japan's national security, in 55 categories in four areas --- counter-espionage, counter-terrorism, and defense, diplomacy. If someone such as a government official leaks such information, he or she would face up-to-ten-year jail term.

Here are excerpts from the act and guidelines pertaining to cyber security:

• 24 Article of the act: A person who acquires specially designated secrets by… the interception of wire telecommunications, an act of unauthorized computer access, or any other act that violates the control of a person who holds the specially designated secrets for the purpose of using such secrets to promote the interests of a Foreign Country or acquire an illicit personal gain or cause harm to Japan's safety or to the lives or bodies of its citizens, shall be punished by imprisonment with work for not more than ten years, or in light of the circumstances, shall be punished by imprisonment with work for not more than ten years and a fine of not more than ten million yen.^(footnote:1)
• Guidelines: counter-measures to prevent malicious activities from occurring or minimize the damage, or plan or research of such countermeasures pertaining to the prevention of cyber-attacks.^(footnote:2)
• Guidelines: countermeasures to prevent damages by terrorism or the expansion of the damages, or plan or research of such countermeasures pertaining to the prevention of cyber-attacks.^(footnote:3)
• Guidelines: encryption to prevent terrorism.^(footnote:4)

Sources:

1. "Act on the Protection of Specially Designated Secrets (Tentative translation),"
   http://www.japaneselawtranslation.go.jp/law/detail/?id=2231&vm=04&re=02.
2. Prime Minister of Japan and His Cabinet, "Tokutei himitsu no shitei oyobi sono kaijo narabini tekiseihyoka no jisshi ni kanshi toitsuteki na unyo wo hakaru tameno kijun [unified criterion to how to classify or declassify information and how to conduct background check]," October 14, 2014,
   http://www.kantei.go.jp/jp/topics/2014/tokuteihimitu/h261014_siryou8.pdf, 7.
3. Ibid., 8.
   
4. Ibid., 9.
   

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