인터넷 감청과 DPI(Deep Packet Inspection)

Abstract

The Protection of Communications Secrets Act regulates both analog and digital media together without any distinction, which makes no sense because the one is totally different from the other in both form and characteristics. This article aims at demonstrating controversial issues about the regulation method of the Act in two ways. This thesis intends to show that the limits of such regulation is clear especially in the case of ‘stored data’ like e-mails. It is not so clear in digital medium whether the transmission and reception is completed or not, and thus the completion of transmission and reception cannot be a meaningful standard for regulation. Also, specifying the target mail (account) of wiretapping is almost impossible. Furthermore, a seizure of the hardware itself would raise a serious concern about a blanket warrant. Second, as to the DPI, usually called the Packet Inspection, this article emphasizes the necessity of a new legislation to eliminate the vagueness of related provisions and limit the scope of interception based on the general understanding of the technical meaning of DPI and the international trends of regulation. Through these analyses, I reached a conclusion as follows: First, the digital wiretapping is fundamentally different from the analog one in both essence and contents. Second, the packet data as the target of a wiretap is completely identical with the stored data as that of a search and seizure. Third and finally, a totally new legislation suitable for the attributes of the digital medium is required.