While uploading pirated content has always been illegal, the new law is quite specific in that it criminalizes the downloading of unlicensed content. While that could take place in a simultaneous upload environment such as BitTorrent, it seems most likely that people will obtain content from websites instead.
That presents some roadblocks to enforcement so we asked Ina how, from a technical perspective, will the authorities track, obtain evidence, and prosecute people who simply download content (comics, movies, music etc) to their machines but don’t distribute?
“The authorities shall use digital forensic technologies to track suspects’ activities and collect evidence. The details of such technologies have not been publicly available,” he explained.
“There are certain special units specialized in cyber crimes in each prefecture. For example, the Tokyo Metropolitan Police has its own Cyber Crime Control Unit. But the police do not investigate unless the person commits the crime repeatedly, intentionally and maliciously, i.e. innocent light downloaders shall not be prosecuted.”