Criminal regulation of anti-forensic tools in Japan

Abstract

This paper discusses the continuing landmark debate in a Japanese Court concerning the development and distribution of a peer-to-peer (P2P) file sharing program. The program, known as Winny, facilitates illegal activities such as piracy and the distribution of child pornography because of the encryption and anonymity afforded to users. The court has to determine whether Isamu Kaneko, the designer of Winny, is criminally liable for developing and distributing the program. This paper also assesses whether the judgment in the Winny case might set a precedent for regulating the creation and distribution of anti-forensic tools.