日美通訊監察法制體系研析──兼論與臺灣之比較

通訊監察是執法機關視為重要偵查手段之一種；然而，隨著科技的不斷進步，人民秘密通訊自由及隱私權的意識高漲，復以美國史諾登事件（又稱稜鏡計劃 PRISM ）震驚全球，使得各家通訊軟體業者，均係以維護使用者隱私權為由，迅速地提升自我安全防護與加密機制，但也同時大幅提升通訊監察的困難程度；本文即係以日本及美國之通訊監察法制與臺灣進行比較研析，並發現各國通訊監察法制，均圍繞於保護人民通訊秘密自由與隱私權等基本權利之間，而日本之第三人監督制度、美國對於通訊業者主動提供公益資訊有免責條款之設計及社群軟體宜設專法約制乙節，或許未來可做為我國法制精進之借鑒。

The communication security and surveillance is regarded as an important investigative method by law enforcement agencies. However, with the continuous advancement of science and technology, the people's awareness of the freedom of secret communication and the right to privacy has increased. In addition, the Snowden incident in the United States (also known as PRISM) shocked the world. It enables all communication software companies to improve their self-security protection quickly and encryption mechanisms on the grounds of maintaining user privacy. But it also greatly increases the difficulty of communication security and surveillance. This article compares and analyzes the legal system of communication security and surveillance in Japan and the United States with Taiwan. The study found that the legal system of communication security and surveillance in various countries revolves around protecting people’s freedom of communication and the right to privacy. However, Japan’s third-party supervision system and the United States have a design that exempts harsh clauses if they proactively provide public interest information for communications companies, and social software should have a special law section. Maybe, stones from other mountains can be used as a reference for the design of Taiwan's legal system in the future.