Rough tranlation from Japanese original statement.
JCA-NET Board of Directors
May 28, 2026
On May 27, legislation 1 to establish the “National Intelligence Council” and the “National Intelligence Agency” was passed by the House of Councillors and enacted into law. (Until now, Japan had no organizations comparable to the U.S. NSA or the UK’s MI6.) These agencies are scheduled to be launched in July or later, and a “National Intelligence Strategy” will be formulated. JCA-NET has opposed these government systems and agencies, characterizing them as the “creation of spy agencies.”
As a result of the legalization of government espionage, the government will be able to openly allocate budgets and personnel. Government espionage is closely linked to cyberattacks disguised as “active/passive cyber defense” and the use of force in kinetic warfare under the guise of exercising the right to self-defense; it also serves to justify acts that would otherwise be considered cybercrimes on the grounds that they are acts of state espionage. On the other hand, in conjunction with domestic public security surveillance systems, surveillance activities targeting various fields—from civic and social movements to human rights campaigns and online information dissemination—will likely result in an even stricter communication surveillance regime than before.
By their very nature, spy agencies operate in secret, placing them beyond the reach of the rule of law, and various checks and balances fail to function effectively. History has repeatedly proven this to be the case. For example, in 2013, Edward Snowden’s whistleblowing exposed for the first time in Japan that the United States had been conducting illegal espionage activities within the country. 2 Until then, the public remained unaware of what U.S. intelligence agencies were actually doing. Needless to say, even under the current system in Japan, the true nature of the government’s espionage and surveillance activities has not been made clear.
Investigations by organizations such as Amnesty International have also revealed that many so-called democratic nations have been eavesdropping on the communications of journalists, human rights activists, and foreign government officials using advanced spyware developed by Israel’s NSO Group. 3 The checks and balances based on the “rule of law” by the governments and parliaments involved failed to function. Furthermore, the EU’s GDPR—highly regarded in Japan as an excellent legal framework for privacy and human rights—while recognizing the right to control one’s own personal data, fails to sufficiently regulate data collection by intelligence agencies themselves. 4 In Japan as well, intelligence agencies wield privileged power in data collection by leveraging the law, and there is a very high risk that intelligence-gathering activities related to national security will be treated as a sacred domain—an exception where there is no need to protect personal data.
Thus, historically speaking, the law has failed to adequately regulate government espionage and surveillance activities. Government espionage and surveillance activities have had the effect of chilling the objections and criticism of the people, which should be guaranteed as a right. Now that the internet has become a social infrastructure, vast amounts of information are being secretly collected—even from smartphones and computers, which are essential to our daily lives—through government collaboration with private companies. This data may be used for various purposes over the coming decades, potentially continuing to have a serious impact on our lives.
In response to this situation, we must not abandon our hope in the potential of the law, and we must continue to advocate for the repeal of bad laws. However, I also want to emphasize that even under such laws, various initiatives are possible to resist them and to maintain and strengthen our free and open spaces for communication and dissent.
Amid developments such as the creation of spy agencies, at the very least, what we can do right now is to take steps to avoid handing over our data to the government and its partner private companies as much as possible—and this is indeed achievable. For example, when accessing the web, interacting on social media, using email, or utilizing cloud services, we need to be more careful than ever to avoid handing over personal data in as many situations as possible. Furthermore, we must bear in mind that even anonymous or pseudonymous data can be used to identify an individual when combined with other information. Simple measures, such as reviewing the use of weak passwords—which have become primary targets for identity theft and information gathering—are also important steps. There are many ways we can protect our own data and communications without relying on government or corporate services. To raise awareness of this, JCA-NET has created the pamphlet “To Counter Espionage and Surveillance by the Japanese Government” 5.
Furthermore, the internet is the infrastructure connecting the entire world. Data from overseas that is gathered in data centers in Japan will likely also be subject to surveillance. Government surveillance of people in vulnerable human rights situations—such as foreign residents living in Japan—may become even stricter, alongside increased surveillance of support organizations. The establishment of a spy agency would also enable Japan to engage more actively than ever in surveillance activities in coordination with the spy agencies of foreign governments Japan considers “allies.” All of these developments lead down the path to war. Thus, the Japanese government’s espionage activities will inevitably cross borders and could constitute human rights violations against people around the world. We must be aware of this and take a stand against this harmful legislation.
Resisting government espionage as much as possible is not just about individual action; it is also about protecting the privacy and human rights of everyone connected to us, and safeguarding our right to dissent. We wish to reemphasize that the potential for resistance lies not only in utilizing the law and judicial power but also in the various means of resistance unique to online networks.
As an organization advocating for the right to communication via the Internet, JCA-NET has long proposed various concrete measures to defend the right to privacy online. It is clear that intelligence agencies and systems established for the sake of national or corporate interests infringe upon the right to communication not only within Japan but also for our allies around the world. We will continue to fight against these laws and systems without flinching.
Related JCA-NET Materials (All in Japanese)
Latest JCA-NET Pamphlet: “To Counter Espionage and Surveillance by the Japanese Government”
https://jca.apc.org/wp-content/uploads/2026/04/202603%E6%97%A5%E6%9C%AC%E6%94%BF%E5%BA%9C%E3%81%AE%E3%82%B9%E3%83%91%E3%82%A4%E3%83%BB%E7%9B%A3%E8%A6%96%E3%81%AB%E5%AF%BE%E6%8A%97%E3%81%99%E3%82%8B%E3%81%9F%E3%82%81%E3%81%AB%E8%A1%A8%E7%B4%99%E5%90%AB.pdf
JCA-NET Seminar: Smartphones and Cyberwarfare—To Avoid Becoming Either Perpetrators or Victims of War
Video https://archive.org/details/2026-04-24-10-44-38
Materials https://archive.org/details/20260422-toshimaru
JCA-NET Seminar: Cyber Espionage and Cyber Attacks—Criticism of the Establishment of a Spy Agency
Video https://archive.org/details/20260327cyberwar
Handouts https://archive.org/details/20260327_20260328
JCA-NET Seminar: How Far Has the Surveillance Society Progressed, and What Can We Do?
Video https://archive.org/details/2026024-kanshishakai
Handouts https://pilot.jca.apc.org/nextcloud/index.php/s/D2ZYaBy3oip6rtJ
Lecture by Midori Ogasawara: What Have Intelligence Agencies Been Doing? (December 13, 2025)
https://archive.org/details/2025-12-13-01
Appeal Regarding the Enactment of the Cyber Espionage and Cyber Attack Law — Efforts to Uphold the Secrecy of Communications and Refuse to Participate in Cyber Warfare by Not Signing the Communications Information Agreement — (May 17, 2025, JCA-NET Board of Directors)
https://jca.apc.org/2025/05/%E3%82%B5%E3%82%A4%E3%83%90%E3%83%BC%E3%82%B9%E3%83%91%E3%82%A4%E3%83%BB%E3%82%B5%E3%82%A4%E3%83%90%E3%83%BC%E6%94%BB%E6%92%83%E6%B3%95%E3%81%AE%E6%88%90%E7%AB%8B%E3%81%AB%E9%9A%9B%E3%81%97%E3%81%A6/
Inquiries: Toshimaru (Board Member) toshi@jca.apc.org 070-5553-5495
Footnotes:
National Intelligence Council Establishment Act https://www.sangiin.go.jp/japanese/joho1/kousei/gian/221/pdf/t0802210242210.pdf
Midori Ogasawara, スノーデン・ファイル徹底検証 日本はアメリカの世界監視システムにどう加担してきたか[Comprehensive Analysis of the Snowden Files: How Japan Has Contributed to the U.S. Global Surveillance System], Mainichi Shimbun Publishing.
(Amnesty International) Massive data leak reveals that spyware from Israel’s NSO Group was used to target activists, journalists, and political leaders around the world https://www.alt-movements.org/no_more_capitalism/hankanshi-info/knowledge-base/amnesty-international_the-pegasus-project_jp/
Snowden points out the following: “”This is a good piece of legislation in terms of the effort they are trying to do. Is GDPR the correct solution? I think no and I think the mistake it makes is actually in the name; the General Data Protection Regulation misplaces the problem,” “GDPR is missing the point, says Edward Snowden” https://www.zdnet.com/article/gdpr-is-missing-the-point-says-edward-snowden/
Date: May 28, 2026
Author: JCA-NET Board of Directors
Created: 2026-05-29 金 09:49