• Title/Summary/Keyword: 통신비밀보호법

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음란.폭력성 전화에 대한 제재장치

  • Sin, Gak-Cheol
    • 정보화사회
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    • s.80
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    • pp.34-37
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    • 1994
  • 입법예고된 "통신비밀보호법" 시행령의 제정취지와 정보통신기기에 의한 음란 폭력등의 행위를 어떻게 방지할 것인가에 대해 살펴본다.

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A Study on the Conflict Between the Call for Journalists' Phone Records and the Shield Law: Focusing on the Review of Paragraph 2, Article 13 of the Act of Protection of the Secrecy of Correspondence (기자의 통화내역 조회와 취재원 보호 간의 갈등: 통신비밀보호법 제13조 제2항 논의를 중심으로)

  • Lee, Seung-Sun
    • Korean journal of communication and information
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    • v.25
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    • pp.103-133
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    • 2004
  • Korean citizens enjoy not only the freedom of communication but also the secrecy of electronic communication. Article 18 of the Constitution of the Republic of Korea prescribes that the secrecy of correspondence should not be infringed. Namely, all citizens enjoy guaranteed privacy of correspondence. But many people have been experiencing the infringement of those rights. The purpose of this paper is to evaluate whether Paragraph 2, Article 13 of the Act on Protection of the Secrecy of Correspondence infringes on the constitutional rights of privacy of electronic communication. The results of this study indicate that the law violates the Constitution. Paragraph 3, Article 12 (Personal Liberty, Personal Integrity) of the constitution stipulates that "Warrants issued by a judge through due process (upon the request of a prosecutor) have to be presented in case of arrest, detention, seizure, or search." However, prosecutors, the police, and National Intelligence Service have made numerous inquiries calling for the journalists' telephone records without warrants issued by a judge. So, this study suggests that the paragraph should be amended to be compatible with the Constitution. Meanwhile, journalists should make a more concerted effort to protect their news sources in exercising constitutionally protected freedom of the press.

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Constitutional Protection for the Secrecy of Wire Communication and Freedom of News Reporting on Public Affairs (공적 인물의 통신비밀보호와 공적 관심사에 대한 언론보도의 자유: '안기부 X파일' 사건에 대한 서울고법 2006노1725판결을 중심으로)

  • Lee, Seung-Sun
    • Korean journal of communication and information
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    • v.38
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    • pp.211-244
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    • 2007
  • Article 17 and 18 of the Korean Constitution respectively prescribe the violation of individual's right to privacy and the secrecy of wire communication. Meanwhile, Article 20 of the Criminal Code provides that an act which is conducted within the ambit of laws or pursuant to accepted business practices or which does not violate the social norms shall not be punishable. In 1999, the Constitutional Court held that media reports on public matters of public figures must be given strong constitutional protection, and treated differently from reports on private matters of private figures. In accordance with the decision, the Supreme Court has expanded the scope of constitutional guarantee of freedom of expression since 2002. This study analyzes the issue of media liability for publication of illegally intercepted wire communication by a third person. Particularly, it reviews Seoul High Court's ruling on 'X-file scandal' which disclosed intercepted wire communications between notable public figures regarding a slush fund for a presidential candidate. In the light of this analysis, the study concludes that the media reporting of the intercepted communication does not violate social norms of Article 20, and therefore it is entitled to a constitutional privilege.

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Personal Information Protection in Digital Era -Reviewing Personal information protection Act- (디지털시대의 개인정보보호 - 새로운 개인정보보호법을 중심으로)

  • Yoo, Jong-Lak
    • Journal of Digital Convergence
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    • v.9 no.6
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    • pp.81-90
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    • 2011
  • Companies using internet as a kind of marketing means are increasing rapidly according to the expansion trend of e-commerce through internet and consumers also use internet as the common means of purchasing necessary articles. E-commerce using internet has advantages without limitation to temporal and spatial accessibility and general consumers and unspecified individuals also use internet to purchase their goods as well as general transactions such as advertisement, contract, payment and claim settlement. 'In the age of information, invasion of personal information resulted from the development of information and communication technology is one of the greatest problems all the countries in the world face. Therefore, Personal information protection Act is one of basic laws to protect personal information and rights and it is also an essential law in the age of information. In that sense, new Personal information protection Act is the advanced act containing various items to minimize the national damages from the leaking of private information and protect right to informational self-determination in the information society. It is expected that this legislation contributes to reduce the leaking of private information, enhance the level of privacy protection and develop privacy related industries. However, active participation of all members of our society and improvement of their recognition should be preceded for the rational and legal use of private information and the settlement of its protection culture. While the purpose of Personal information protection Act can protect privacy from collection, leaking, misuse and abuse of private information and enhance national interests and protect personal dignity and value, it also must perform the roles of balancing privacy protection with liberal information flow.

The Protection of Privacy and the Restriction of Its Commercial Use in Telecommunications (통신산업에서 개인정보의 보호와 영업적 이용의 한계)

  • Hong, Myung-Su
    • Journal of Legislation Research
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    • no.41
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    • pp.303-335
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    • 2011
  • The rapid changes in telecommunications have exercised an important influence on the telecommunications law system, including the protection of the privacy. It was a decisive assignment that telecommunications law protected the confidentiality of privacy. But in new digitalized telecommunications circumstance, every steps of the conveyance of the individual informations should be protected, in particular by telecommunications carriers as a subject of the protection of information. EU Privacy Directive in 2003 and the amendment of Communications Act in U. S. A. in 1996 have reflected the necessity of the privacy from a new point of view. In Korea, "Protection of Privacy Act" has been established as general law as to the protection of privacy and "Electronic Communications Net-work Act" and "Location Data Act" have been functioned as special law in telecommunications, and these laws have developed the legal systems about the protection of privacy in telecommunications. Such a legal system could be affirmatively evaluated. But the regulations should be reformed in a way that corresponds to the detailed types of the privacy and it should be devised a method, that the consent of users could be fulfilled practically.

A Study on the Difference between Security Monitoring and Wiretap (보안 모니터링과 감청의 차이점에 관한 연구)

  • Hong, Chang-Hwa;Choi, Min-Kyu;Kim, Tai-Hoon
    • Journal of Advanced Navigation Technology
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    • v.13 no.1
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    • pp.104-112
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    • 2009
  • Even though security monitoring and wiretap seem to be same things from the current legal point of view, these two concepts are different. But because the researches related to the differences between wiretap and security monitoring, there are some confusions about these concepts, so there are some side effects. In this paper, we try to explain the differences between wiretap and security monitoring in the aspects of object, scope, target and application method.

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Survey on Personal Information Encryption Technology (개인정보 암호화 기술에 관한 연구)

  • Kim, Ji Hyun;Lee, Dong Hoon
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • 2012.10a
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    • pp.769-772
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    • 2012
  • Personal Information Article2 defines personal authentication information, secret information, bio information for personal information and it is stipulated under article29 that the one who have duties must take adequate technological, administrative, physical measures to prevent from illegal reading and sneaking. Also it is stipulated under information communication network law28(1), enforcement regulation9, Korea Communications Commitee notice. To satisfy this, the one who have to take security actions of personal information are required to take technological measures and establish positive measures to continuously manage it.The insurance of technological security is possible by encryption of personal information, secure management and operation of encryption key,taking personal information security level of providin access control of personal information reading and audit.In this paper, we will analyze various technologies of personal information encryption which are essencial component in technological security measuresof personal information. This paper will help choose which technological measures you should take in personal information security.

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Comparative Study on Major Nations's Related Legislation for Counter-terrorism (테러대응 관련 법제의 국가별 비교 연구)

  • Kwon, Jeong-Hoon
    • The Journal of the Korea Contents Association
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    • v.10 no.1
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    • pp.343-352
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    • 2010
  • As a result of comparing and analyzing the related legislation of each nation, more superior legislative systems should be made to cope with a number of terrors effectively. And also it is required to devise some concrete regulations such as the following in superior legislative systems. First, because it is hard to collect information on terrorism and watch over suspects according to Communication Privacy Protection Law. More in-depth discussion into the issue of surveillance is needed for the protection of lives and property, although public concerns of privacy are a valid point of contention. Second, it is necessary to take complementary measures on immigration as surveillance, since the current Immigration Control Law has restrictions in many ways to hinder efforts to root out terrorists. Third, under the current law on financial activities, it is impossible to block influx of terror financing. Therefore it is necessary to come up with ways of making the punishment procedures. Fourth, considering that convicted terrorists get punished under the standard procedures and precedents, it is required to clearly differentiate between what the terror acts are and what terrorist groups are. Fifth, it is necessary to make use of the private security system to enhance the security system of national facilities.

Efficient and Privacy-Preserving Near-Duplicate Detection in Cloud Computing (클라우드 환경에서 검색 효율성 개선과 프라이버시를 보장하는 유사 중복 검출 기법)

  • Hahn, Changhee;Shin, Hyung June;Hur, Junbeom
    • Journal of KIISE
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    • v.44 no.10
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    • pp.1112-1123
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    • 2017
  • As content providers further offload content-centric services to the cloud, data retrieval over the cloud typically results in many redundant items because there is a prevalent near-duplication of content on the Internet. Simply fetching all data from the cloud severely degrades efficiency in terms of resource utilization and bandwidth, and data can be encrypted by multiple content providers under different keys to preserve privacy. Thus, locating near-duplicate data in a privacy-preserving way is highly dependent on the ability to deduplicate redundant search results and returns best matches without decrypting data. To this end, we propose an efficient near-duplicate detection scheme for encrypted data in the cloud. Our scheme has the following benefits. First, a single query is enough to locate near-duplicate data even if they are encrypted under different keys of multiple content providers. Second, storage, computation and communication costs are alleviated compared to existing schemes, while achieving the same level of search accuracy. Third, scalability is significantly improved as a result of a novel and efficient two-round detection to locate near-duplicate candidates over large quantities of data in the cloud. An experimental analysis with real-world data demonstrates the applicability of the proposed scheme to a practical cloud system. Last, the proposed scheme is an average of 70.6% faster than an existing scheme.