¹ The text of the Self-Defense Forces Act is available here (in Japanese). There is no English translation available on the Japanese government website. Article 96(2) of the Law, adopted in the aftermath of the 9/11 Incident in 2001, empowers the Minister of Defense to designate information he determines to be “especially necessary to be made secret for Japan's defense.” The unauthorized release of information so designated is subject to prosecution with a maximum penalty of five years imprisonment.

² The Asahi Shimbun published a detailed summary of the bill on September 27, available here (in Japanese). The author's comments on the proposed bill are primarily based on this document. Note that, unless otherwise indicated, all translations from Japanese that appear in this article were made by the author.

³ The Addendum to the draft bill published by the Asahi provides lists of the types of information that may qualify for secrecy designation under the four categories. The list makes reference to weapons, plans, communications, secret codes, information required to be kept confidential under international agreements and many other items.

⁴ Article 100 of the National Public Employees Law imposes a duty on all national government employees to protect government secrets. Article 109 of that law mandates punishment of up to one year imprisonment for violations. In 1978, the Supreme Court of Japan overturned the not guilty verdict of a lower court and found Mainichi News reporter Nishiyama Takichi guilty of violating Article 109 by using improper means to entice a government employee to disclose confidential information.. An English translation of the statute is available here. For background on this case, see “Disgraced Mainichi Journalist Reopens 30- year-old Scandal Over Okinawa Reversion - David Jacobson

⁵ A statement in opposition to the secrecy bill was published on the website of the Japan Federation of Bar Associations on October 4, 2013. Statement In Opposition to the Secrecy Bill.. See also the statement released by the Japan Civil Liberties Union. (The author of this article is a director of the JCLU.) The best source for ongoing commentary on these issues is the collection of news reports, columns and blog and twitter commentary by Miki Yukiko, chairperson of the NGO Joho Kokai Clearinghouse, available here: Joho Kokai Clearinghouse Website (Japanese only).

* This article does not address issues related to criminal prosecutions that may be brought under the proposed law or under the 2001 revision to the Self-Defense Forces Law.

⁶ The Global Principles on National Security and the Right to Information at OpenSociety Foundations

⁷ For details, see JapanTimes - Senkaku Collisions Video Leak Riles China

⁸ An interview of the leaker, Isshiki Masaharu, appeared in the Asahi Shimbun on October 5, 2 013. 「政府の隠匿にも罰則必要」 “Punishments are also needed for government concealments” The interview was accompanied by Mr. Isshiki's color photo.

⁹ See, e.g., “Obama's efforts to control leaks ‘most aggressive since Nixon’, report finds,” The Guardian - Obama Leaks Aggressive Nixon Report Prosecution and “U.S. accused of unprecedented assault on press freedom,” at Truth-Out - US Accused of Unprecedented Assault on Press Freedom

¹⁰ NHK is Japan's national public television broadcaster.

¹¹ “Most ‘defense secrets’ are destroyed” 「「防衛秘密」の多くが廃棄」, NHK news report broadcast at 7:16 PM on October 3, 2013 (accessed on October 10, 2013).

¹² An English translation together with the original Japanese text are available here: Japanese Law Translation

¹³ Public Records Act, article 1.

¹⁴ NHK, “Most ‘defense secrets’ are destroyed.”

¹⁵ Asahi Shimbun, October 13, 2013, “Right to Know Guarantee Inadequate” 「知る権利担保不十分」.

¹⁶ Principles 31 - 36 set forth provisions that should govern independent oversight bodies. OpenSociety : Principles 31-36

¹⁷ The National Archive Information Security Oversight Office

¹⁸ Anyone can file a request to examine any government record under Japan's national information disclosure law, any information designated secret under the proposed law would almost certainly be deemed exempt from disclosure. An English translation of the law is available here. See especially Articles 5(iii) and 5(iv).

¹⁹ U.S. state secrets are designated according to three levels established by presidential executive order: Top Secret, Secret and Classified. See Executive Order 13526

²⁰ US Intelligence 2012 Report on Security Clearance Determinations

²¹ Morton H. Halperin, “Criminal Penalties for Disclosing Classified Information to the Press in the United States.”

²² National Archives - Information Security Oversight Office Releases 33rd Annual

²³ See Sandra Coliver, “National Security Whistleblowers: The U.S. Response to Manning and Snowden Examined.”

²⁴ See Halperin, “Criminal Penalties,” n. 21 for a description of the Espionage Act and its various interpretations.

²⁵ The full text of The Principles.

²⁶ See Sandra Coliver, “A question of public interest,”

²⁷ See Lawrence Repeta, “Japan's Democracy at Risk - the LDP's Ten Most Dangerous Proposals for Constitutional Change,”

²⁸ Among other examples, the Asahi reports that U.S. Cabinet officers take advantage of the regular “2x2” meetings to demand tighter Japan secrecy protections. “Japan's laws protecting secrets are weak - U.S.” 「米「日本は秘密守る法律弱い」」, Asahi Shimbun, October 6, 2013, p. 1.