Threat to Sth Korea ICT rights

This statement outlines three threats imposed on information communication technology (ICT) rights in South Korea. In addition, this statement calls for support from the Association for Progressive Communications (APC) in a bid to prevent actions that may not only see significant impact on the operations of Jinbonet and their partner organizations, but further increase the South Korean's government impositions on the rights of its citizens.

The threats
Threats to the rights and freedoms of information communications technologies in South Korea are now at a critical stage. Increased surveillance and control measures imposed by Government and influential business interests are rapidly increasing. Even though the National Assembly is yet to ratify many new measures that deal with ICTs and security, since the KORUS (Korea-US) Free Trade Agreement (FTA) has concluded the application of intellectual property clauses1 are expanding and being enforced.

Internet real name law
During the 2005 National Assembly election period, the Internet Real Name Law, passed at the plenary session of Parliament on March 9, 2004, was enacted requiring Internet media and press websites to verify all names and identification numbers of authors who publish articles, comments and messages related to any government election on bulletin boards and chat rooms.

The Internet Real Name Law is an instrument for verification of contributers to Internet sites.

This law is strictly imposed during election periods discouraging citizens from critiquing politicians and their parties

The Internet Real Name Law is now imposed at all times, not only during election periods, targeting all major portals and Internet media sites subjecting users to a name check prior to publication of their comments to these and/or any site including blogs.

The Internet Real Name Law imposes and strengthens self-censorship of the South Korean people.

At the forthcoming 2007 Presidential Election the independent news provider, some Internet media sites, including People's Media Chamsesang will oppose the Internet Real Name Law. It will not establish the instrument that will verify the identity of its users in full knowledge that they will face criminal punishment in doing so.

Act on promotion of Information and communications network utilization and data protection
With the implementation of the “Act on Promotion of Information and Communications Network Utilization and Data Protection” any one, in particular business interests, local and foreign owned companies based in South Korea can demand the removal of articles and comments, on the basis of defamation claims, from any Internet news, trade union and consumer advocacy sites. More specifically, any articles seen to violate national security laws, in particular those relating to North Korea must also be removed. Such requests can be made without any involvement of any judicial authority.

Violation of these new laws, and if taken through the Courts, can see fines of up to USD$11000 imposed and/or a two year jail sentence.

Significant limits to critique of private companies and individuals which can result in defamation claims.

Articles, blog posts and comments that have the possibility to violate national security law, especially those related to North Korea must be removed on request. Not doing so will result in court action.

Requests to remove content, without court intervention, must be adhered to. Not doing so will result in legal action taken out against the hosting provider. The provider would be sued regardless of who had published the original content.

Outcomes
With this new Act available, a private company has demanded Jinbonet delete a blog posting warning it would raise defamation charges if the alleged offending article was not removed. As Jinbonet is opposed to this Act2 it objected to the demand.

This has resulted in a defamation charge being laid against Jinbonet being sued through the South Korean Courts. The trial has already commenced.

In August 2007 The Ministry for Information Communication ordered the deletion of postings related to North Korea from the web sites of the Korean Confederation of Trade Unions, the Democratic Labor Party and 14 other organizations, including 5 organizations who are hosted by Jinbonet.

Some organizations rejected demands and are currently waiting for their trial on the indictment. Jinbonet has yet to receive specific demands to remove related content, but it expects to resulting in further court action.

Data retention act
The Korean National Security Agency has this year driven a legislative process to amend the "protection of communications secrets act". They are seeking to establish a data retention mechanism using the theme of anti-terrorism to impose their requested amendments.

Should these amendments be passed it will require all ISPs to establish wiretapping mechanisms for mobile telephony and Internet communications.

The proposed amendments are currently being debated in the National Assembly.

Biometric ID
The South Korean government are developing plans to introduce a bio-passport. As the United States is demanding South Korea join the Visa Waiver Program (VWP), all biometric data will be available to US authorities.

In addition to standard identification data the International Civil Aviation Organization (ICAO) requires all biometric information include fingerprints which will be a component of the bio-passport.

The South Korean government is willing to share not only its citizens biometric data, but the entire judicial history of domestics under an information sharing agreement with the USA.

Call for support
Private companies, corporations and the South Korean government are attacking and seriously undermining the rights of its people through restrictions imposted on ICTs and furthermore, limiting the freedoms of expression that are the cornerstone of any practicing democracy.

As a result of Jinbonet's advocacy efforts and its stand on these issues faces a serious crisis with threats to existence. For example, Jinbonet has been under investigation by the secret police and is currently under trial and expects to continue to be subjected to the demands of Korean ministerial actions and its judicial system.

Jinbonet calls on the support of APC and its partners, in the interest of the rights of all peoples in all countries, to assist us in our struggles, bringing hope to the maintenance of our civil liberties.

For more information contact:
Jong Hoi Lee, Jinbonet, haje@jinbo.net

Comments