Criterion for “the user’s intention” in Crimes Related to Electronic or Magnetic Records of Unauthorized Commands

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  • 不正指令電磁的記録に関する罪における反「意図」性の判断
  • フセイ シレイ デンジテキ キロク ニ カンスル ツミ ニ オケル ハン 「 イト 」 セイ ノ ハンダン

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Abstract

<p>Crimes Related to Electronic or Magnetic Records of Unauthorized Commands (Penal Code Chapter XIX-2), that introduced at the request of the Convention on Cyber Crime, was introduced to prevent damage from computer viruses, protect the trust in programs, and thereby maintain smooth functions of information processing. The object of the crime is defined as an “electronic or magnetic records that give unauthorized commands” to have it perform functions against “the user’s intention.”</p><p>Therefore, I argued about the meaning of “the user’s intention” with reference to the Coinhive case. In that case, mining of virtual currency was discussed. Considering the nature of the crime, the acceptability from the normative point of view is the essence of judgment. Although the abstract criteria set in the precedent were correct, there are problems in concrete judgments, and revision is desirable to solve them.</p>

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