Japan passes landmark cyber defence bill

The Active Cyber Defence Bill would enable pre-emptive and active cyber measures by military and law enforcement, mandating incident reporting from critical infrastructure, and allowing limited data collection to monitor potential threats.
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Japan has passed the Active Cyber Defence Bill, which permits the country’s military and law enforcement agencies to undertake pre-emptive measures in response to cyber threats.

The legislation adopts a two-pronged approach, focusing on both passive and active cyber defence. It includes the establishment of a cybersecurity council and an oversight committee to enhance threat analysis and information-gathering capabilities. The bill also introduces new requirements for critical infrastructure providers to report cybersecurity incidents promptly. Additionally, it enables the government to collect technical information—such as IP addresses and timestamps—from telecommunications providers in cases where a potential cyberattack is identified, to monitor communications between Japan and external actors.

The legislation also grants the military powers to carry out active measures against cyber threats. This includes the deployment of ‘cyber harm-prevention officers’, tasked with actions such as disrupting servers involved in cyberattacks and responding to critical incidents.

While the bill is positioned as part of Japan’s broader efforts to strengthen its cyber resilience, some commentary has raised questions about the balance between security and oversight.

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