Terrorism and the Proportionality of Internet Surveillance
University of Oxford - Oxford Internet Institute
Oxford Martin School - Global Cyber Capacity Centre; Eur. Univ. Viadrina - Centre for Internet & Human Rights; Yale University - Information Society Project; London Metropolitan University
March 9, 2008
European Journal of Criminology, Vol. 6, No. 2, pp. 119-134, 2009
As the Internet has become a mainstream communications mechanism, law enforcement and intelligence agencies have developed new surveillance capabilities and been given new legal powers to monitor its users. These capabilities have been particularly targeted toward terrorism suspects and organisations, which have been observed to use the Internet for communication, propaganda, research, planning, publicity, fundraising and creating a distributed sense of community. Policing has become increasingly pre-emptive, with a range of activities criminalised as "supporting" or "apologising for" terrorism. The privacy and non-discrimination rights that are core to the European legal framework are being challenged by the increased surveillance and profiling of terrorism suspects. We argue that their disproportionate nature is problematic for democracy and the rule of law, and will lead to practical difficulties for cross-border cooperation between law enforcement agencies.
Number of Pages in PDF File: 11
JEL Classification: K40
Date posted: August 31, 2008 ; Last revised: February 27, 2014
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