온라인 저작권 침해 추적과 개인정보보호

Abstract

Traitor tracing is a copyright infringement detection system which works by tracing the source of leaked files rather than by direct copy protection. Traitor tracing is a technique used to help combat copyright infringement. Legal enforcement of existing or new copyright laws is made enormously harder by the Internet and other new communications technologies. These technologies such as P2P file sharing allow information to be shared freely. Concerned about the consequences of illegal copying and distribution on a massive scale, content owners are interested in introducing for “traitor tracing” of copyright infringement. However, the system cause to conflict with “personal data protection”. Thus, this study aims to offer a better understanding of the legal issues related to current “traitor tracing” of copyright infringement and “personal data protection”. US law also includes a provision that enables copyright owners to issue a subpoena to an OSP to obtain identifying information in relation to a user who is alleged to be infringing copyright. The KORUS FTA does not require the implementation of a subpoena provision in Korea, but it does require that the Government make available an “expeditious” procedure to obtain this identifying information. This article therefore focuses on implementation of KORUS FTA in relation to the “right of information”.