Case on the Interception of Internet Lines [2016Hun-Ma263, August 30, 2018] In this case, the Court held that Article 5 Section 2 of the Protection of Communications Secrets Act which provides a legal basis for the so-called “packet interception,” the interception of telecommunications transmitted and received through Internet lines, infringes on the secrecy and freedom of communications and privacy of the Complainant, and thus is in violation of the Constitution. Background of the Case The director of the National Intelligence Service (“NIS”) executed the communication-restriction measures 35 times with respect to the telecommunications made by a person named ___, including his mobile phone and Internet line, to investigate his alleged violation of the National Security Act pursuant to the permission granted by the court. Among such measures were those executed six times from October 9, 2013, to April 28, 2015, with respect to the Internet line purchased in the name of the Complainant. Such six measures were the so-called “packet interception” through which State investigative agencies capture a “packet,” a unit of data split into small pieces in the form of electrical signals to transmit information through the Internet, and learn the content thereof. The Complainant filed this constitutional complaint, claiming that the permission for the communication-restriction measures granted by the court, the interception conducted by the director of NIS under such permission, and Article 5 Section 2 of the Protection of Communications Secrets Act infringed the Complainant’s fundamental rights, including the secrecy and freedom of communications and privacy, and violated the warrant requirement and the due process of law stipulated by the Constitution. - 1 -

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