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The Register - Offbeat: Legal

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Japan to allow ‘proactive cyber-defense’ from October 1st
Simon Sharwood Simon Sharwood · 2026-03-18 · via The Register - Offbeat: Legal

Security

In less polite places, this is called ‘hacking back’ or ‘offensive cyber-ops’

Japan’s government yesterday decided to allow its Self-Defense Force to conduct offensive cyber-operations, starting on October 1st.

Chief Cabinet Secretary Minoru Kihara yesterday used his afternoon briefing to explain the government believes the time is right to allow offensive ops because online the nation faces “the most complicated national security environment” since World War II, and because “society as a whole is proceeding with digitalization.”

“The threat from cyberattacks are having a huge impact on people’s lives and economic activities,” he added. “This is quite an important threat to national security.”

Japan will therefore devise regulations that make it possible to enact the “proactive cyber-defense” actions that legislation passed last year foreshadowed.

Kihara said a government cyber-management committee will have the power to approve or deny applications to commence cyber-ops. If authorized, Japan’s police and SDF will “attack and disable” infrastructure used to run cyberattacks, while working to ensure citizens’ privacy.

Japan’s armed forces are called the “Self-Defense Forces” due to Clause 9 of the constitution Japan adopted in 1946, in which the nation renounced participation in war or developing the capacity to wage it. The practical effect of the constitution was to ban Japan’s participation in any military aggression. In the decades since, Japan has re-interpreted the clause in ways that allow it to participate in military activities that contribute to its defense.

Deciding to conduct offensive cyber-operations is therefore further evolution of Japan’s position.

The regulations enabling Japan to hack back will allow attacks to commence from October 1st.

Many other nations possess offensive cyber capabilities. Think tank The International Institute for Strategic Studies believes at least 26 nations can attack online, and in 2023 ranked the USA as the world’s pre-eminent cyber power.

The Institute believes Australia, Canada, China, France, Israel, Germany and the Netherlands are second-tier players which possess “World-leading strengths in some categories.”

A third tier of nations – India, Indonesia, Iran, Japan, Malaysia, North Korea, Vietnam, Brazil, Estonia, Nigeria, Saudi Arabia, Singapore, South Africa, Türkiye, and UAE – have “strengths or potential strengths in some categories but significant weaknesses in others.”

Japan therefore has some catching up to do. ®