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Viewing cable 07TOKYO2664, DAILY SUMMARY OF JAPANESE PRESS 06//07

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Reference ID Created Released Classification Origin
07TOKYO2664 2007-06-13 08:25 2011-08-26 00:00 UNCLASSIFIED Embassy Tokyo
VZCZCXRO3610
PP RUEHFK RUEHKSO RUEHNAG RUEHNH
DE RUEHKO #2664/01 1640825
ZNR UUUUU ZZH
P 130825Z JUN 07
FM AMEMBASSY TOKYO
TO RUEHC/SECSTATE WASHDC PRIORITY 4457
INFO RUEKJCS/SECDEF WASHDC PRIORITY
RHEHAAA/THE WHITE HOUSE WASHINGTON DC PRIORITY
RUEAWJA/USDOJ WASHDC PRIORITY
RULSDMK/USDOT WASHDC PRIORITY
RUCPDOC/USDOC WASHDC PRIORITY
RUEAIIA/CIA WASHDC PRIORITY
RUEKJCS/JOINT STAFF WASHDC//J5//
RHHMUNA/HQ USPACOM HONOLULU HI
RHHMHBA/COMPACFLT PEARL HARBOR HI
RHMFIUU/HQ PACAF HICKAM AFB HI//CC/PA//
RUALSFJ/COMUSJAPAN YOKOTA AB JA//J5/JO21//
RUYNAAC/COMNAVFORJAPAN YOKOSUKA JA
RUAYJAA/CTF 72
RUEHNH/AMCONSUL NAHA 3949
RUEHFK/AMCONSUL FUKUOKA 1526
RUEHOK/AMCONSUL OSAKA KOBE 5096
RUEHNAG/AMCONSUL NAGOYA 0677
RUEHKSO/AMCONSUL SAPPORO 2372
RUEHBJ/AMEMBASSY BEIJING 7404
RUEHUL/AMEMBASSY SEOUL 3462
RUCNDT/USMISSION USUN NEW YORK 4591
UNCLAS SECTION 01 OF 10 TOKYO 002664 
 
SIPDIS 
 
SIPDIS 
 
DEPT FOR E, P, EB, EAP/J, EAP/P, EAP/PD, PA 
WHITE HOUSE/NSC/NEC; JUSTICE FOR STU CHEMTOB IN ANTI-TRUST DIVISION; 
TREASURY/OASIA/IMI/JAPAN; DEPT PASS USTR/PUBLIC AFFAIRS OFFICE; 
SECDEF FOR JCS-J-5/JAPAN, 
DASD/ISA/EAPR/JAPAN; DEPT PASS ELECTRONICALLY TO USDA 
FAS/ITP FOR SCHROETER; PACOM HONOLULU FOR PUBLIC DIPLOMACY ADVISOR; 
CINCPAC FLT/PA/ COMNAVFORJAPAN/PA. 
 
E.O. 12958: N/A 
TAGS: OIIP KMDR KPAO PGOV PINR ECON ELAB JA
SUBJECT:  DAILY SUMMARY OF JAPANESE PRESS 06//07 
 
 
INDEX: 
 
(1) Defense Ministry considering sending active uniformed SDF 
officer to Taiwan for temporary duty; China likely to react 
strongly 
 
(2) Collective defense right and constitutional interpretation 
 
(3) Commentary: MSDF rollout for Futenma survey results in offending 
local feelings 
 
(4) Agricultural and health ministries report to LDP that their 
inspections of US beef shippers found no problems 
 
(5) Achievements and limits of Abe diplomacy: No progress on North 
Korea issues but high profile on environment 
 
(6) Agriculture Minister Akagi received donations from JA and other 
subsidized corporations possibly in violation of Political Funds 
Control Law 
 
(7) Child porn: US calls on Japan to revise law for punishment on 
imagery possession 
 
(8) Spreading child pornography: Japanese law stands in way of 
investigations 
 
ARTICLES: 
 
(1) Defense Ministry considering sending active uniformed SDF 
officer to Taiwan for temporary duty; China likely to react 
strongly 
 
MAINICHI (Page 1) (Abridged) 
Eve., June 13, 2007 
 
The Ministry of Defense today decided to consider dispatching an 
on-duty uniformed Self-Defense Forces (SDF) officer to the 
Interchange Association (Taipei office), which is the contact point 
for exchanges between Japan and Taiwan. The Taipei office is a 
private sector organization, but in reality, it carries out the 
functions of an embassy. There are approximately 30 Foreign Ministry 
and other agency officials who have resigned their commissions and 
are posted there, but the only person there from the Defense 
Ministry is a retired SDF officer. China is likely to react strongly 
to the new move, as "leading to the strengthening of self-defense 
ties between Japan and Taiwan." 
 
The Defense Ministry has dispatched attaches as government 
emissaries to embassies in 35 countries and two international 
organizations. Since it cannot dispatch a defense attach to Taiwan, 
with which Japan has no diplomatic relations, it appears that the 
uniformed officer will have the title of liaison officer or the like 
and be sent on a lengthy temporary-duty assignment.  Many countries, 
including the United States, send uniformed officers on active duty 
to Taiwan. A senior official at the Defense Ministry said, "It's 
strange that only Japan does not dispatch such." The official 
indicated that consideration of such a dispatch is underway. 
 
(2) Collective defense right and constitutional interpretation 
 
TOKYO SHIMBUN (Page 3) (Full) 
June 12, 2007 
 
TOKYO 00002664  002 OF 010 
 
SUBJECT:  DAILY SUMMARY OF JAPANESE PRESS 06//07 
 
 
Hidehiro Honda, Takashi Nakayama, and Haruka Osugi, political 
department 
 
A government panel tasked with discussing the legal foundation for 
national security for the exercise of the right to collective 
defense yesterday began examining specific details of four scenarios 
Prime Minister Shinzo Abe had presented to them. We asked Shunji 
Yanai, chair of the panel, and Masahiro Sakata, former director 
general of the Cabinet Legislation Bureau, about the direction of 
discussions in which the focus will be on a review of the government 
interpretation of the Constitution regarding the exercise of the 
right to collective defense. 
 
There is room for changing the interpretation with Diet reply 
 
Question: Why is a debate on the right of collective defense 
needed? 
 
Yanai: After the end of Cold War, the international security 
environment greatly changed due to terrorism, regional conflicts, 
proliferation of nuclear weapons and weapons of mass destruction, 
and the North Korea situation. Japan has to make the Japan-US 
alliance smoothly function and take part more proactively in such 
international peace activities as UN peacekeeping operations (PKO). 
However, there is an obstacle. 
 
Question: What is the obstacle? 
 
Yanai: The obstacle is that Japan is allowed to use only the right 
of individual defense. The current interpretation of the 
Constitution does not allow Japan to do activities that exceed the 
scope of the individual defense right. 
 
Question: Do you think the alliance between Japan and the United 
States will be jeopardized if Japan does not intercept a missile 
aimed at the US? 
 
Yanai: I think so. The Japan-US alliance is indispensable for 
Japan's security. As an ally, Japan should at least help the US if 
it needs it. 
 
Question: Is it possible to change the interpretation of the 
Constitution that has emerged over 60 years? 
 
Yanai: The international situation has substantially changed. The 
current interpretation was made based on neither law nor approval of 
the Diet. A government office made the current interpretation and it 
stated the interpretation at the Diet. Therefore, I think we can 
reinterpret the Constitution by going through the same procedure. 
This is my personal view. 
 
Question: Do you think the present interpretation can be changed by 
Diet reply? 
 
Yanai: I personally think so. The Constitution does not stipulate 
that Japan is not allowed to exercise the collective defense right 
or participate in UN collective security. Therefore, there is room 
for another interpretation. 
 
Question: Will your panel discuss reinterpretation of the collective 
defense right? 
 
 
TOKYO 00002664  003 OF 010 
 
SUBJECT:  DAILY SUMMARY OF JAPANESE PRESS 06//07 
 
Yanai: We will clarify controversial points regarding whether the 
individual defense right can be applied to the four scenarios; 
whether the collective defense right is the only way to resolve the 
scenarios; whether the scenarios come under the UN collective 
security; and whether there are other legal principles. 
 
Question: Some say that the Constitution should be amended rather 
than reinterpreted. 
 
Yanai: I think there is considerable room for reinterpreting the 
Constitution (for the four scenarios). I have no idea how many years 
constitutional amendment would take. The international situation 
will change. We have to do what we can do now. How far we can do and 
what kind of brakes can we apply? I expect discussions from now on. 
 
Masahiro Sakata: Constitutional amendment necessary 
 
Question: Why is the use of the collective defense right 
unconstitutional? 
 
Sakata: Japan is allowed to use only the minimum necessary armed 
force in order to prevent military attacks on it. Article 9 of the 
Constitution and the entire Constitution do not stipulate that Japan 
is allowed to use force. 
 
Question: Some criticize that it is difficult to understand the 
government interpretation that Japan has the right to collective 
defense but cannot use it. 
 
Sakata: Those who do not know about law raise such an argument. 
International law allows a nation all kings of rights. If 
international law says that a state has the right, it can have 
military strength. Article 9 writes, however, that the use of the 
nation's right can be limited by the will of the public. 
 
Question: Is it possible for one cabinet to reinterpret the 
Constitution? 
 
Sakata: I think it's possible. Japan is a nation ruled by law. It is 
difficult to reinterpret the Constitution by exceeding the logical 
interpretation. The interpretation that has emerged from the Diet 
over the 60 years after the war cannot be ruled out. 
 
Question: Do you think the Constitution should be amended instead of 
reinterpreted? 
 
Sakata: The Constitutional Amendment Procedures Law has now been 
enacted. In order also to maintain public confidence in the 
Constitution, the high road is to follow the procedures for 
constitutional amendment. Should the fact that Japan cannot use the 
collective defense right have a negative impact on the Japan-US 
alliance, the Constitution should be amended. 
 
Question: Some say that it is not a constitutional issue but a 
policy issue to be decided by the prime minister. 
 
Sakata: The interpretation of the Constitution is not a policy 
issue. How to read provisions is not a policy argument. 
 
Question: The prime minister has asserted that if Japan does not try 
to shoot down a missile aimed at the US, it will lose the trust of 
the United States. 
 
 
TOKYO 00002664  004 OF 010 
 
SUBJECT:  DAILY SUMMARY OF JAPANESE PRESS 06//07 
 
Sakata: At present it's impossible technically for Japan to shoot 
down such a missile. I think doing so is difficult for Japan because 
of Article 9. 
 
Question: What's your view on the selection of the panel members? 
 
Sakata: Since the panel discusses the constitutional interpretation, 
I think there should be more constitutional scholars on it. 
 
Question: Do you think the use of the collective defense could be 
allowed by specific laws rather than constitutional amendments? 
 
Sakata: I think it is difficult to allow the use of the collective 
defense and Japan's participation in a multinational force (unless 
the Constitution is amended). The law that the exercise of the 
collective defense right is unconstitutional is valid. 
 
Four scenarios Prime Minister Abe asked the panel to study include: 
 
1) Whether an MSDF vessel can strike back when a warship from the US 
alongside it is attacked on the high seas; 
2) Whether Japan can intercept a ballistic missile aimed at the US; 
3) Whether the SDF can use arms to aid other countries' soldiers if 
they come under attack while taking part in the same international 
peacekeeping operation; 
4) Whether Japan can provide logistic support to other countries' 
troops taking part in such international activities as PKOs. 
 
(3) Commentary: MSDF rollout for Futenma survey results in offending 
local feelings 
 
YOMIURI (Page 15) (Full) 
June 13, 2007 
 
Hidemichi Katsumata, senior writer 
 
On the sidelines of relocating the US military's Futenma airfield in 
Ginowan, Okinawa Prefecture, the government employed the Maritime 
Self-Defense Force last month to look into the current state of the 
seawaters near the relocation site. This only served to upset the 
local population's feelings toward the Self-Defense Forces. 
 
In mid-April, the MSDF was called to mobilize its divers-who are 
tasked primarily with detonating mines-to install equipment needed 
for the survey. 
 
"Why do we have to move out?" So saying, an MSDF minesweeping 
flotilla officer recalled the mobilization order. However, Defense 
Agency leaders were firmly determined. 
 
One said: "We've been unable to do anything over the past 10 years 
since the agreement of SACO (short for the Special Action Committee 
on Facilities and Areas in Okinawa) that decided to return Futenma 
airfield. We're not allowed to do the same again. That would be a 
national embarrassment." 
 
Another said: "The SDF may end up losing public confidence. But 
there's way to avoid it." 
 
The Defense Facilities Administration Agency outsourced the survey 
to diving and research companies in the private sector. The Defense 
Agency made the request to the MSDF because it could anticipate 
local opponents' interference with their work. In the case of 
 
TOKYO 00002664  005 OF 010 
 
SUBJECT:  DAILY SUMMARY OF JAPANESE PRESS 06//07 
 
engaging the SDF in such nonmilitary activities, the SDF must be the 
only one that cannot be replaced for such jobs. However, one MSDF 
officer says the MSDF was not allowed to say anything. 
 
The MSDF, which accepted the mobilization, gave two strict orders to 
its diving team about its work. 
 
One was to avoid getting into trouble with local opponents or 
becoming a target for direct protests. The other order was that an 
MSDF vessel out at sea must not be seen with the naked eye. 
 
On May 18, the Bungo, a 5,700-ton MSDF minesweeper tender, was out 
in the sea near Okinawa with rubber dinghies and other materials. 
The Bungo anchored at a point about 10 kilometers off the shore. 
That is because an offshore ship beyond 5 miles (about 9 kilometers) 
cannot be seen with the naked eye. After sunset, the Bungo neared an 
offshore survey point, where MSDF frogmen began work from a dinghy. 
They installed monitoring equipment there and worked at a depth of 
about 10 meters. Their work ended before dawn. The Bungo went away 
from Okinawa at once. It left the point only 22 hours after arriving 
there, so quick to beat it. 
 
However, opponent and local backlashes, though anticipated, were 
severe. Okinawa Gov. Hirokazu Nakaima blamed the government, saying: 
"They are roughshod in their manners. They even mobilized an SDF 
vessel. It reminds us of something like training bayonets (on local 
residents)." Nearly a month later, local residents are still 
critical of the MSDF's mobilization, with one calling it "going too 
far" and another decrying the government's use of the SDF to 
suppress local movements. 
 
Such voices are spreading not only among people crying out against 
bases and the Japan-US Security Treaty but also among local 
residents in general. 
 
Okinawa has seen 35 years go by since its reversion to Japan. At 
first, local eyes were cold regarding the SDF, overlapping its image 
with the now-defunct wartime military. Local governments in Okinawa 
refused to register Okinawa-based SDF members as their residents, 
and their children could not even go to school. They were also shut 
out from coming-of-age ceremonies and festivities. What mitigated 
such local antipathies was the SDF's work behind the scenes. The SDF 
has so far made more than 5,000 flights to airlift urgent patients 
from outlying islands and moved out more than 10,000 times for dud 
disposal. 
 
They worked ever so hard, but for what? One SDF officer says: 
"Okinawa experienced that tragic war. In addition, Okinawa was 
placed under occupation for more than a quarter of a century. That's 
why we have taken time to build a relationship of mutual trust. That 
is because the region is critical for Japan's national security." 
The SDF's efforts bore bruit, and an increasing number of people in 
Okinawa showed their understanding for the SDF. All the more for 
this reason, the government's judgment poured cold water on the 
SDF's efforts over the years. 
 
The government explains that it mobilization of the MSDF was for 
"interdepartmental cooperation under the National Government 
Organization Law." Defense Minister Kyuma says, "If the survey is 
disturbed, we can't attain the goal (Futenma reversion)." Even so, 
we cannot think at all that it was inevitable to mobilize the SDF. 
 
After looking into the current state of sea areas, the government 
 
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plans to conduct an environmental impact survey. The Japan Coast 
Guard also moved out for the survey this time. However, the 
government or the Defense Ministry should strongly ask the JCG and 
the National Police Agency for thoroughgoing security. The SDF's 
easygoing mobilization must not take place again. 
 
(4) Agricultural and health ministries report to LDP that their 
inspections of US beef shippers found no problems 
 
NIKKEI (Page 2) (Full) 
Eve., June 13, 2007 
 
The Ministry of Agriculture, Forestry and Fisheries and the Ministry 
of Health and Labor today reported to the Liberal Democratic Party 
(LDP) the results of their inspections of beef shipping facilities 
in the United States. They reportedly confirmed the existence of a 
system to protect import conditions, such as the removal of 
specified risk materials.  With the acceptance of the inspection 
results, the work carried out by importers to confirm every box of 
beef shipped will end. Next, after going to the process of briefing 
consumers and the like, Japan and the US will begin consultations on 
reviewing the import condition of beef being from cattle 20 months 
old or younger. 
 
The inspections of US beef shipping facilities took place from the 
end of last year to this May. This time, the report was on the 
results of the inspections done in May. 
 
The US is asking Japan to scrap the age requirement since the OIE 
has approved countries to ship beef regardless of the age. 
 
(5) Achievements and limits of Abe diplomacy: No progress on North 
Korea issues but high profile on environment 
 
NIKKEI (NIHON KEIZAI) (Full) 
June 9, 2007 
 
Hiroshi Minegishi, Heiligendamm 
 
In his debut in a Group of Eight (G-8) summit, Prime Minister Shinzo 
Abe aimed to grab the lead in discussions on the issues of the 
environment and North Korea. He achieved one goal with an agreement 
sealed by the G-8 leaders on measures to combat global warming, but 
he failed to fully demonstrate his leadership in dealing with North 
Korean issues, to which his administration has given top priority. 
 
The prime minister said in a press conference held after the summit 
meeting: "Discussion was conducted on measures to deal with climate 
change, based on my proposal. I feel satisfied because I was able to 
greatly contribute to the achievements of the summit." 
 
The prime minister visited Europe in January. In April, he visited 
the US, meeting with President Bush, and he hosted a visit from 
Chinese Premier Wen Jiabao. According to an official at the Prime 
Minister's Official Residence (Kantei), "The administration, with 
such a diplomatic timetable in mind, devised an environmental policy 
strategy." These diplomatic events served to solicit an accord in 
the summit. 
 
Shelving the points of contention with the European Union (EU), 
Japan and the EU came to an agreement on the major goal of "reducing 
global emissions of greenhouse gases at least by half by 2050." 
Japan further held direct negotiations with the US, which is 
 
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negative about introducing numerical targets. By laying out a 
certain roadmap for a post-Kyoto framework, Japan succeeded in 
underlining its political presence. 
 
On North Korea issues, the prime minister stressed, "(The G-8 
countries) should send a joint clear-cut message to North Korea." In 
a press conference, Abe also emphasized, "Japan is determined to 
resolve the abduction issue in cooperation with the international 
community." Despite such enthusiasm of Japan, though, the same 
expression regarding the abduction issue as that in the previous one 
was used in the chairman's statement this year. 
 
The previous St. Petersburg Summit took place just after North Korea 
had fired a ballistic missile, but this year, participants were less 
interested in North Korea issues, paying greater attention to the 
situations in the Middle East and Kosovo. The summit left behind the 
task of how to boost the effectiveness of an international coalition 
against North Korea. 
 
In his first summit, Abe established a relationship of trust with 
French President Nicolas Sarkozy and other world leaders. He also 
confirmed "the continuation of dialogue" with Russian President 
Putin, whose term of office is to expire soon. Japan will host the 
summit next year. Given this, the Abe administration needs to have a 
voice strong enough to take the lead in discussion on economic and 
political issues, such as energy and regional disputes, in addition 
to environmental issues. 
 
(6) Agriculture Minister Akagi received donations from JA and other 
subsidized corporations possibly in violation of Political Funds 
Control Law 
 
AKAHATA (Page 15) (Abridged slightly) 
June 13, 2007 
 
It became clear yesterday that Agriculture, Forestry and Fisheries 
Minister Norihiko Akagi had received donations from corporations 
that received subsidies from the Ministry of Agriculture, Forestry 
and Fisheries (MAFF). Based on her own findings, Japanese Communist 
Party lawmaker Tomoko Kami in yesterday's Upper House Agriculture, 
Forestry and Fisheries Committee session grilled Akagi over those 
donations that are likely to be violations of the Political Funds 
Control Law (PFCL). 
 
Clause 3 of Article 22 of the Political Funds Control Law prohibits 
any company or corporation that receives government subsidies from 
making a donation for one year from the date it received a notice on 
state subsidies. Under the law, lawmakers are also banned from 
soliciting or requesting donations of companies or corporations that 
are designated to receive state subsidies. 
 
According to Kami, the Akagi-headed Liberal Democratic Party Ibaraki 
Prefecture 1st Constituency Branch received a total of 300,000 yen 
from the Japan Dairy Council and the Japan Agricultural Cooperative 
Associations (JA Zen-noh), both of which had received MAFF 
subsidies. 
 
In addition, Akagi's fund management organization Tokuyu-kai 
received 940,000 yen from the Japan Wood Industry Political 
Federation, which is headed by the chairman of the Japan Federation 
of Wood Industry Associations, which had received subsidies from the 
Forestry Agency. 
 
 
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Asked by Kami about the PFCL provision, Akagi said, "I am not aware 
of specifics." Hearing this, Kami snapped at Akagi: "It is a problem 
that the Agriculture Ministry does not know that JA Zen-noh and 
other corporations received subsidies from MAFF. Chances are that 
those donations are violations of the Political Funds Control Law. 
Accepting donations from subsidized corporations and organizations 
is nothing but an act of recycling tax money. You must return those 
donations immediately." 
 
Akagi replied: "I have ordered (my secretaries) to treat all 
political funds appropriately. I would like to process (those 
donations) appropriately after examining them." 
 
Kami pointed out that Akagi had returned 260,000 yen to the Special 
Forest Area Discussion Council, a political organization composed of 
firms associated with a bid-rigging scandal involving the Japan 
Green Resources Agency, and 400,000 yen to the Forestry Civil 
Engineering Discussion Council, a political arm of the forest and 
civil engineering industries. 
 
Pointing out that Akagi received from 2003 to 2006 a total of 
560,000 yen in donations from the National Forestry Political 
Federation, a political organization closely associated with the 
National Federation of Forest Owners Cooperative Associations, Kami 
urged the agriculture minister to return all donations from 
forestry-related political organizations. 
 
In response, Akagi simply said: "Donations reflect the generosity of 
many people. I would like to process the donations in a way not to 
betray their goodwill." 
 
(7) Child porn: US calls on Japan to revise law for punishment on 
imagery possession 
 
MAINICHI (Top play) (Full) 
June 10, 2007 
 
With the rate of Internet access rapidly spreading around the world, 
child pornography is circulating across national borders, creating 
an even more serious victimization. Concerning child porn, the US 
government has asked the Japanese government and the ruling Liberal 
Democratic Party to revise the Law for Punishing Acts Related to 
Child Prostitution and Child Pornography so that imagery possession 
alone would be a punishable offense, sources have revealed. Japanese 
law does not prohibit possessing kiddie porn imagery for one's 
personal collection, one of the primary reasons for the diffusion of 
such on the Internet. 
 
This is the first time for the US government to call on Japan to 
toughen its punitive regulations pertaining to child pornography. 
 
In Japan, those who possess child porn imagery for the purpose of 
selling or providing such to others are punishable under the Law for 
Punishing Acts Related to Child Prostitution and Child Pornography. 
However, those who simply possess such imagery for their personal 
collection are not charged with a crime. Among the Group of Eight 
(G-8) summitry members, only Japan and Russia legalize simple 
possession. 
 
A senior official of the US government has met with Japanese 
officials, including senior Foreign Ministry officials, and with 
influential Liberal Democratic Party (LDP) lawmakers between April 
and May, according to informed sources. In their meetings, the US 
 
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official referred to the fact that several hundred Japanese names 
were on record as having purchased images of child pornography in 
past cases uncovered by US investigative authorities. The official 
also explained that Japan does not ban simple possession under its 
current law and that this has led to the production of child 
pornography images in the United States. 
 
In the meantime, after this summer's election for the House of 
Councillors, the Diet is expected to deliberate on the advisability 
o amending the law. The US official worked on his Japanese 
counterparts to prohibit simple possession like the United States. 
In addition, the senior US official also urged the government and 
the LDP to require Internet providers to report their discovery of 
child porn images to authorities, as in the United States. 
 
In the United States, the problem is growing serious as seen from 
the fact that even little children aged three or younger have been 
victimized by child-porn producers. The US Congress is also going to 
beef up countermeasures to crack down on child pornography as 
serious child abuse. 
 
"The Japanese law, which makes the selling of child porn illegal but 
allows the buying of such material, is full of contradictions," the 
US official told the Mainichi Shimbun in an interview. "Such a 
loophole in the Japanese law helps the child porn market stay 
alive," the official added. 
 
In Diet debate, there were calls for prohibiting simple possession. 
However, there are also concerns about abuses by investigative 
authorities. The Diet therefore tabled discussion. 
 
(8) Spreading child pornography: Japanese law stands in way of 
investigations 
 
MAINICHI (Page 2) (Slightly abridged) 
June 13, 2007 
 
"Look at these two photos. The girl in the photos is the same child. 
The red pacifier in her mouth is also the same, isn't it?" 
 
The headquarters of NCMEC, a nongovernmental organization (NGO) 
tasked with eliminating child molestation, is located near 
Washington DC. Its senior member Michel Collins made the above 
remark. 
 
Last November, NCMEC received from Yahoo, a leading portal site, a 
report noting: "A large number of pictures showing a baby being 
sexually assaulted by a man have been posted on the Internet." Yahoo 
also informed the NGO of the screen name and IP address of the 
person who allegedly posted the child pornography. 
 
Based on the report from NCMEC, analysts conducted searches using 
online search and data retrieval functions. As a result, it was 
found that the same person had established a website titled, "Little 
granddaughters," and posted a different photo showing a middle-aged 
man who looked gentle holding a baby in his arm. This baby was the 
very same as the one in the two photos. 
 
The NGO relayed the information from Yahoo to the US Federal Bureau 
of Investigation (FBI), customhouses, and the state authorities 
concerned. As a result of their investigation, the individual was 
identified as a 46-year-old man living in Kentucky. He was arrested, 
and the case is now being tried. The victim was an 18-month-old 
 
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granddaughter of his new wife. Collins said: "According to findings 
from investigations conducted so far, many of the owners of child 
pornography committed indecent acts with children." The United 
States is a country where a huge amount of child pornography is 
produced and consumed. 
 
The NCMEC headquarters receives thousands of reports about online 
child pornography from providers and Internet users every week. This 
NGO has received 430,000 reports since 1998. Of them, only 1,100 
victims have been so far identified. It is not easy to identify such 
victims through the Internet. 
 
An undercover agent, who had received training from teenagers about 
what phrases to use, typed on the computer: "Hi! I'm Becky. I'm 13 
years old. Since I feel lonely, I am visiting the chat room to look 
for friends." 
 
In an instant, the agent received answers from many men. If they 
send some of the child pornography they have collected, they will be 
arrested for an illegal activity. 
 
An undercover operation is an effective means to track down owners 
of child pornography. There is a case in which police authorities 
lure pedophiles by establishing a false meet-a-child date site. The 
FBI Headquarters' Crime Division head said: "An undercover operation 
has the effect of preventing potential perpetrators from committing 
a crime, making them fear that they might be arrested in the 
future." But he added: "Offenders are skillfully making use of the 
Internet as a result of the technology advancing." 
 
There was even this case: One individual contacted a child in a chat 
room and sent a special program to the child's personal computer; 
Through the program, the sender was able to take photos of the child 
changing clothes; The man threatened the child that the photos would 
be posted on the Internet and gradually escalated his demands. 
 
Yahoo and Microsoft formed an IT coalition in 2006 and launched a 
project to develop technology to track down owners of child 
pornography. But no results have been produced yet. 
 
What measures are effective to protect children? A US government 
source said: "Although Internet technology has improved, it is 
difficult to hide possessed images." In many industrialized 
countries, including the US, punishment is inflicted on possessors 
of child pornography, but this does not hold true for Japan. The 
government source commented: "Among exposed crimes, there are cases 
in which Japanese purchased child pornography online using their 
credit cards. We have a record of hundreds of such cases." 
 
The presence of an industrialized country in which it is legally 
allowed to possess child pornography will hamper international 
efforts to combat child pornography. The US official visited 
Japanese lawmakers and business leaders this spring to call on Japan 
to revise its legal system, saying: "Japan's legal system is a major 
loophole. We want Japan to keep in step with us." 
 
SCHIEFFER