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As a tool for the proof of security of protocols, FSA can represent the behavior of players from a high-level viewpoint. Thus, the desired properties of the protocol are described as states, and the modeling process intends to enumerate all possible actions of the players as transitions among these states, pointing what are the (in)secure states, analyzing the probability of reaching each of them.
An antiterrorism law passed in March 2016 grants the NIS powers to access private communication records and censor online content without judicial oversight during terrorism investigations (see Surveillance, Privacy, and Anonymity).
Internet users continued to face prosecution for online activities; unlike many local residents, a Japanese journalist was acquitted of defaming President Park Geun-hye in December 2015 (see Prosecutions and Detentions for Online Activities).
Observers say that freedom of expression, both online and offline, has been undermined since the conservative party returned to power in 2008. Three UN Special Rapporteurs shared concerns after visiting the country in 2010, 2013, and 2016, respectively, saying that the government's new laws, along with more restrictive interpretations and application of existing laws, affect citizens' rights to free speech, assembly, and association.[1]
During the coverage period of this report, Park Geun-hye of the conservative Saenuri Party entered the second half of her single, five-year presidential term. However, the investigation into the extent of online content manipulation by the National Intelligence Service (NIS), which was allegedly conducted to aid Park's victory in the 2012 election, was ongoing.[2] The NIS has been accused of political meddling and abuse of power, and concerns about their activities have extended to the digital realm. In 2016, news reports said NIS and other law enforcement agencies had repeatedly accessed telecommunications company data about labor rights activists and others without their knowledge, though they were not under investigation. Documents publicly leaked in July 2015 indicated that the NIS purchased spy tools from the Italian company Hacking Team for domestic surveillance purposes ahead of the 2012 election.[3] An antiterrorism law passed in March 2016 enables the agency to access personal communications and order the removal of online content without judicial oversight during terrorism investigations.[4]
Arrests and prosecutions continue to be documented on grounds of rumormongering and defamation, which South Korean law punishes more severely online than offline. State prosecutors have sought heavy penalties in relation to online speech involving the sinking of Ferry Sewol in April 2014, a disaster that resulted in hundreds of deaths and widespread criticism of the Park administration's response. At least one person was also arrested for comments about an outbreak of the Middle East Respiratory Syndrome (MERS) in mid-2015.
Omnipresent and affordable cybercafes have also helped prevent a digital divide in South Korea. Known as PC bang ("computer rooms"), many offer broadband access for approximately US$1 per hour, and also serve as venues for social interaction and online gaming. There is no significant gap in access to information and communication technologies (ICTs) with respect to gender or income levels, although differences persist along generational and professional lines.[11]
Although South Korean cyberspace is vibrant and creative, there are a number of restrictions on the free circulation of information and opinions. Technical filtering and administrative deletion of content is particularly evident. Content that "praises or benefits" communist North Korea or that undermines the traditional social values of the country is blocked or deleted based on the recommendations of the Korea Communications Standards Commission. Systematic manipulation of online discussions is also being investigated. Won Sei-hoon, the former chief of the National Intelligence Service, was sentenced to three years in jail in February 2015 for directing an online smear campaign against the rival of the current president in the December 2012 election. The top court granted Won a retrial in July 2015. [31]
Political and social content is subject to removal by private companies based on instructions from the KCSC and complaints from individuals, other government agencies, and the police. Individuals may also be requested to remove content. Since domestic companies do not publicize the amount or nature of items subject to removal, the impact on legitimate content is hard to gauge, but during the coverage period at least one candidate for parliamentary elections used takedown requests to delete online references to a compromising news story, indicating the scope for abuse.
On receiving a takedown request, the company must hide the content in question for 30 days.[41] The content is deleted if its owner does not revise it or appeal within that time. "Hundreds of thousands of online posts get deleted every year by such temporary removal requests, which in effect remove the posts permanently," according to the Associated Press.[42] Users and service providers were requested to delete 22,928 items on national security grounds between January 2013 and August 2014.[43] From 2010 to 2014, over 1.4 million posts on web portals were hidden based on takedown requests. There were around 454,000 such cases in 2014, up from 145,000 in 2010.[44]
In the lead up to the April 2016 parliamentary election, one blogger told the Associated Press that Kakao deleted as many as two of his posts every day to comply with rules about political information online.[48] Although a ban on posting election-related commentary in the days before the polls was lifted after it was declared unconstitutional in 2011, content about candidates is still monitored by the National Election Commission, which has a remit to correct information published about candidates in news stories, online, and offline.[49] In one case during the reporting period, the National Election Commission ordered companies to delete at least 600 online posts that referenced a news story alleging that conservative candidate Na Kyung-won's daughter had received special treatment during a college admissions program for disabled students in 2012. Na's campaign had complained to the election commission about a factual error in the story which was unrelated to the allegations.[50] The commission subsequently warned Newstapa for breaching Article 8 of the Public Official Election Act ("responsibilities of the press for fair reports")[51] Na separately filed a criminal lawsuit against the journalist responsible for the report in March 2016.[52]
South Korea's overall media environment is partly restricted.[60] In 2012, journalists launched a series of strikes against government interference and censorship for the first time since the country's transition to democratic rule in 1987.[61] In consequence, a variety of alternative and activist media outlets developed online, including Newstapa , a user-funded investigative journalism platform. It has accumulated more than 35,000 regular donors since its January 2012 launch, and its YouTube channel had been viewed more than 34 million times by early 2016.[62] It became a leading source of information on the electoral manipulation scandal in 2013,[63] and one of the first to allege systemic corruption and negligence behind the sinking of Ferry Sewol in 2014. In 2013, the KCC called the work of Newstapa and a handful of other independent news websites "pseudo journalism," warning their owners not to report on issues outside their remit.[64]
During the coverage period, legal measures introduced new obstacles for journalists seeking to operate in the digital media market. In November 2015, an amendment to the Newspaper Act stipulated that an online news agency must have more than five regular employees to be eligible to register, as part of a crackdown on "substandard" internet media.[65] The Korea Press Foundation estimated that this could cause at least one third of existing agencies to close down, including most citizen journalism sites; they were given until November 2016 to come into compliance.[66] All news organizations are required to register, and failure to do so is subject to up to one year of imprisonment or fines up to KRW 20 million (US$17,200), according to the Act. The constitutionality of the amendment was being challenged in the Constitutional Court in mid-2016.
The diversity of online content was negatively affected in the two weeks before the April 2016 parliamentary election when some media outlets closed their comment functions to comply with the Public Official Election Act, which bans anonymous online communication for 13 days before the polls (see Surveillance, Privacy, and Anonymity).[67]
Trials stemming from a scandal involving politicized manipulation of online comments by intelligence agents saw further developments in 2016. In December 2012, opposition lawmakers accused a National Intelligence Service (NIS) agent of manipulating 40 different online accounts to discredit opponents of then-presidential candidate Park Geun-hye. Police initially cleared the agent,[68] but in 2013, prosecutors indicted former NIS director Won Sei-hoon on charge of authorizing agents to post thousands of online comments and 1.2 million tweets characterizing members of the political opposition as sympathizers of North Korea.[69] Park Geun-hye denies ordering or benefiting from digital manipulation.[70] Won and his successor, Nam Jae-joon, admitted having refuted North Korean propaganda in online forums, but denied political motives.[71] In December 2013, the Defense Ministry's cyber command unit, launched in 2010 to "combat psychological warfare in cyberspace," announced that some officials had posted inappropriate political content online during the same period, but without the knowledge of the unit heads. Like Won Sei-hoon, they denied the more serious charge of election meddling.[72] be457b7860
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