The CCEL and the Thin Line Between Cyber Defence and Pre-emption: Japan's Legal and Strategic Pivot
DAY 2
16:00-
16:40
Japan’s Cyber Counter-capacity Enhancement Law (CCEL) authorises active cyber defence while remaining within constitutional limits. It enables preventive domestic actions—such as malware neutralisation and IP tracing—under civilian oversight, without amounting to offensive cyber warfare. The law’s ambiguity on attribution and pre-emption raises critical legal and geopolitical questions. This talk examines the CCEL’s innovative approach to cyber sovereignty, international cooperation, and the legality of pre-emptive measures. It offers a comparative analysis with Western frameworks and explores its relevance for global cyber operations and multilateral governance.
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Location :
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Track 1(HALL B)
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Category :
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Law&Policy
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Speakers
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Andrea Monti
アンドレア・モンティ
Andrea Monti is an Italian lawyer, journalist and researcher whose expertise ranges from biotechnology to privacy and cybersecurity. From 2019 to 2021, he taught public policy and security law at the University of Chieti-D'Annunzio in Italy, and currently serves as an adjunct professor of digital law. He is also an adjunct professor of cybersecurity contracts at Leonardo da Vinci University and teaches in the Master's program in Computer Law at Sapienza University of Rome.
Over the past few years, he has given lectures on criminal procedure as part of the training program for the Italian State Police. He has also lectured at various universities in Tokyo, including Chuo University, Keio University, and Nagoya University, and has participated in both domestic and international conferences, including CODE BLUE 2020.
He has published several papers on bioinformation, computer forensics, technology, and public policy, as well as several books on computer hacking.
His recent books include Personal Data Protection: The Right to Privacy Reconsidered (2019, Hart Publishing), COVID-19 and Public Policy in the Digital Age (2020, Routledge), and National Security in the New World Order (2021, Routledge) (co-authored with Professor Raymond). In Italian, he has also published Cybercrime e responsabilità da reato degli enti (Giuffré-Francis Lefebvre, 2022), The Digital Rights Delusion (2023, Routledge) and Lost in The Shell (2025, Routledge).