2 History of the Study Group

The Study Group held its first meeting on July 22, 1996. After the Bureau gave explanations on problems associated with the systems and the substantive law, the group determined its research plan. Then the Study Group had general assemblies twice for the entire members to obtain common recognition on the circumstances of the electronic commerce and related issues. At the assemblies, reports were made on the issues on electronic authentication and notarization systems (by Mr. Muromachi), on the cryptography policies in America and Europe (by Mr. Iwamura and Mr. Matsumoto), and on the deliberations conducted at the OECD meeting of the experts on cryptography (by Mr. Asano).

Thereafter, the Study Group was divided into two Subcommittee. The Substantive Law Subcommittee has discussed the need for amendment of the substantive law and the System Subcommittee has discussed the foundation of systems necessary to realize secure electronic commerce.

In parallel with the discussion, "the questionnairing on the need for the electronic authentication and notarization systems" was conducted to collect information on the current situation of electronic commerce and to find out the need for the electronic authentication and notarization systems.

The two Subcommittees, having a number of issues to be discussed, have been continued on fiscal year of 1997. As it seemed useful for the future studies to summarize the results of studies at this opportunity, it was decided to prepare an interim report to be submitted to the Civil Affairs Bureau Director.

3 Other than the Ministry of Justice, study groups on the electronic commerce have been held at the Ministry of Finance , the Ministry of Trade and Industry, the Ministry of Posts and Telecommunications, and other government offices and agencies. Private enterprises are also planning or implementing many projects. To establish legal and systemic infrastructure for electronic commerce, it is important for the public offices and private enterprises to cooperate each other. From such point of view, the Study Group published this report to obtain opinions as to what the Ministry of Justice is required to do, and what can the Ministry do.

The members of the System Subcommittee are eager to exchange information with private sector enterprises other than the Ministry of Justice and other government offices and agencies, to study further on the issues pointed out to be discussed at the Subcommittee, to determine the details of specific legal requirements and system outlines as early as possible, and to put them into practice.

NOTE

"Roster of the Members of the Study Group on Legal System of Electronic Transaction".

(Chairman) EGASHIRA, Kenjiro

(Professor of Law, Faculty of Law, University of Tokyo)

ASANO, Shoichiro

(Professor, Academic Information Center Research Development Department)

IWAHARA, Shinsaku

(Professor of Law, Faculty of Law, University of Tokyo)

IWAMURA, Mitsuru

(Councilor for Planning Bureau and Credit Organization Bureau, Bank of Japan)

UCHIDA, Takashi

(Professor, Faculty of Law, University of Tokyo)

OHKAITO, Norio

(Manager, Multi-Media Business Acceleration Department, Mitsubishi Corporation)

OSHITANI,Yoshio

(Chief Director, Japan Notary Publics Federation)

KASUGA, Ichiro

(Professor of Social Science, Tsukuba Univ.)

KAWAI,Teruyoshi

(General Manager, Public System Division, NTT Data Communications Corporation)

KANDA, Hideki

(Professor of Law, Faculty of Law, University of Tokyo)

NARA, Tomoyuki

(Manager, Network Business Department, Sakura Bank, Ltd.)

MATSUMOTO, Tsutomu

(Assistant Professor, Engineering Research Section, Post Graduate School, Yokohama National University)

MUROMACHI, Masami

(Attorney)

MORITA, Hiroki

(Assistant Professor of Law, the Faculty of Law, Tohoku University)

YASUDA, Hiroshi

(Director, Information Telecommunications Research Center, Japan Telegraph and Telephone Co., Ltd.)

YAMADA, Seiichi

(Professor of Law, Faculty of Law, Kobe University)

YOKOYAMA, Jun

(Professor, Faculty of Jurisprudence, Hitotsubashi University)

YOKOYAMA, Tetsuo

(Attorney)