[Ready for Review]

Issues Surrounding Internet “Real-Name” System in Korea

-- By WookJinRha - 27 Apr 2010

I. The Adoption of the Internet “Real-Name” System (IRNS)

    In July 2007, South Korea made amendment to the “Promotion of Information Communication Network Utilization and User Protection Act” to require certain websites that have more than certain visitors to verify their users’ “real-name” when operating message boards. This meant that in such sites, users had to have his/her real-name verified to post articles or comments on the message board.
    In its enactment in 2007, the Act applied to portal service sites (for example Yahoo, Google) and user-made digital content sharing sites (for example YouTube) that have average of more than 300,000 visitors a day, and internet press sites that have more than 200,000 visitors a day. This was changed in January of last year to apply to all websites that have more than 100,000 visitors a day. See the amendments to the Executive Rule to the Act Article 30.
    Currently in April 2010, the number of websites that are subject to the IRNS are 167. The need for wider application of the IRNS last year was triggered by the suicide of one of the most celebrated Korean actresses in October 2008. She was known to have been suffering from major depressive disorder from the internet rumors that she was a loan-shark and responsible for the suicide of her fellow actor in September 2008.
    IRNS was adopted for the purpose of promoting transparent, clear communication, solving the adverse effects of anonymity in the internet.

II. The Scope of IRNS

1. YouTube’s Escape from IRNS

    In April 2009 as the result of the amendment that widened the application of the IRNS, Korean government included YouTube Korea(kr.youtube.com) in the list of sites that the IRNS apply. Google which operated YouTube Korea objected to this and took voluntary measure of shutting down its online bulletin board-type functions. Later, Google closed down YouTube Korea and incorporated it into YouTube.com’s Korean language service, which relocated its server to the US, operated by the Google Headquarters.
    In this month, Korea Communications Commission removed YouTube from the list of websites that are subject to the IRNS, the reason being the server and the operator are both located outside Korea. YouTube got out of the jurisdiction of Korean law and avoided the IRNS.

2. Twitter Trackback as an alternative

    Korea Communications Commission previously decided that Twitter is not subject to the IRNS since it is personal network and also foreign-based service. Some Korean websites which are subject to the IRNS has shut down its message boards and instead noticed the users to use Twitter trackback as an alternative.

III. Discussions Surrounding IRNS

    People who support the IRNS claim that immense transmitting and circulating power of the internet often leads to undeserving defamation or insult that could cause irrecoverable damages, for example the suicide of the famous actress mentioned above. Therefore the tightened measure in the internet is inevitable and justified. It asserts that the constitutional right of freedom of expression is not absolute or unlimited freedom and there could be some restrictions imposed on it. Korea Communications Commission indicated that the IRNS will help to reduce the negative effects of anonymous writing in the internet and prevent cyber crimes.
    On the other hand, people who object to the IRNS claim that the assumption that anonymity is the basis for slander and abusive language in the internet is fundamentally wrong. Eliminating anonymity in the internet does not make it similar to the actual world, but the government is trying to eliminate anonymity in order to increase control and surveillance in the internet. The free sharing and communicating environment in the internet will be severely damaged due to the IRNS. National Assembly Research Service stated in its report regarding the IRNS that it is a generally prevailing view that the IRNS will destroy the freedom of expression and free discussion culture in the internet, and it is more desirable to develop internet culture through education to maintain the openness and anonymity in the internet rather than regulating it with law or system. see Issues on Internet Real Name System, National Assembly Research Service Report Volume 3 (2008) http://www.nars.go.kr/publication/board?div=10&type=02. The report also indicated that the major countries including OECD countries with the exception of China, do not have regulations regarding the internet message boards and consider freedom of anonymous expression important.
    The law regarding the IRNS is currently under review of the Constitutional Court of Korea, which scheduled a hearing on the case in July. In relation to this, early this year the Constitutional Court of Korea decided that the law which requires the IRNS for all election related articles or comments in website message boards during the election campaign period was not unconstitutional.

IV. Issues to be Resolved

    Apart from the general deprivation of freedom of expression, anonymity right etc., I plan to concentrate on more specific issues that need to be resolved.

1. Ineffectiveness of the IRNS

    Websites operated abroad cannot be regulated by Korean law, making the IRNS law unrealistic. Ironically, Twitter which its ripple effect and swiftness are more powerful than conventional internet message boards and comments are not subject to the IRNS, which make the IRNS more ineffective. In addition, everyone could feel some kind of pressure due to the real name system, yet people have many ways to avert this to conceal themselves.

2. Reverse Discrimination of the IRNS

    The IRNS is awkwardly applied that there is lack of universality. Before determining whether the IRNS itself is justifiable, the law should be universally applied within the jurisdiction and yet its domestic application disfavors only domestic internet companies, providing great advantage to foreign companies.
    As YouTube emerged as the number one video service provider in Korea, many people see this as the result of the IRNS on domestic websites. Domestic video service providers are faced with rapid decrease in user activities since adoption of the IRNS, and YouTube resulted in increased users and advertisement profit. This surely caused other domestic website companies to strongly complain. They are claiming that the internet companies who follow domestic law should not be reversely discriminated. Furthermore, they are requesting the government to lower the regulation back to the global standard.

3. Inadequacy in Verifying Real Name - Citizen Registration Number

    The method of identifying real name is based on “Citizen Registration Number (CRN)” which is issued by the Korean government to Korean citizens. CRN is considered private information, and whether private enterprises should be allowed to collect, store and manage this information is a problem.
    There are many reports indicating that CRN information of the whole Korean citizens have been leaked and are being sold online at a low price. If this is true, the identification process of the IRNS is inadequate and should be replaced by some other verification method, such as digital certificate that is used in internet banking.

V. Conclusion

    The universe of internet is moving to the direction where it cannot be controlled by the government. Instead of endeavoring to expand the methods and the range of the restriction, we should try to understand the characteristics of the internet and impose minimum restriction. The policy regarding internet cannot be based on traditional concept, but rather should be based on new understanding of the technology, principles, environment, and people’s behavior within the internet.