The Criminalization of Online Terrorism Preparatory Acts under International Law

Peer reviewedPostprin

Cyberterrorism in the Context of Contemporary International Law

The present Article addressed the legal issues surrounding cyberterrorism. In the first chapter, the author explains why cyberterrorism should be described as “the use of electronic networks taking the form of a cyber-attack to commit a) a substantive act criminalized by the existing legal instruments prohibiting terrorism, or b) an act of terrorism under international customary law.” Further, with a special emphasis on existing anti-terrorism conventions and customary international law, it was demonstrated which actors are likely to engage in acts of cyberterrorism (non-state actors, corporations and individuals), as well as which targets are protected by law and which aims are to be pursued by terrorists. The last two chapters concentrated on permissibility of individual response to cyberterrorism and applicability of this concept to jus in bello. The author noted that although generally self-defense in jus ad bellum is permitted, the controversial legal theories will have trouble adapting to the realities of cyberterrorism without international support. The author also highlights the paradoxical situation of two regimes on terrorism (archaic and conventional) coexisting during armed conflicts and its impact on cyberterrorism. Future convergence of these regimes on political level will require legal coordination of international organizations. This Article demonstrates why conventional terrorism by states should be ruled out as a viable concept in international law. at the same time the author argues in favor of the organization of the islamic conference suggestion to exclude freedom-fighters from the applicability of anti-terrorism conventions. major legal gaps identified in this article include preservation of prisoner of war privileges by conventional terrorists during wars, as well as legal discrepancy created by the conventions regime on terrorism which ensures freedom-fighters and cyber-guerillas receive less legal protection than military forces of a state despite their equal status under the additional protocol I

Cybersecurity: mapping the ethical terrain

This edited collection examines the ethical trade-offs involved in cybersecurity: between security and privacy; individual rights and the good of a society; and between the types of burdens placed on particular groups in order to protect others. Foreword Governments and society are increasingly reliant on cyber systems. Yet the more reliant we are upon cyber systems, the more vulnerable we are to serious harm should these systems be attacked or used in an attack. This problem of reliance and vulnerability is driving a concern with securing cyberspace. For example, a ‘cybersecurity’ team now forms part of the US Secret Service. Its job is to respond to cyber-attacks in specific environments such as elevators in a building that hosts politically vulnerable individuals, for example, state representatives. Cybersecurity aims to protect cyberinfrastructure from cyber-attacks; the concerning aspect of the threat from cyber-attack is the potential for serious harm that damage to cyber-infrastructure presents to resources and people. These types of threats to cybersecurity might simply target information and communication systems: a distributed denial of service (DDoS) attack on a government website does not harm a website in any direct way, but prevents its normal use by stifling the ability of users to connect to the site. Alternatively, cyber-attacks might disrupt physical devices or resources, such as the Stuxnet virus, which caused the malfunction and destruction of Iranian nuclear centrifuges. Cyber-attacks might also enhance activities that are enabled through cyberspace, such as the use of online media by extremists to recruit members and promote radicalisation. Cyber-attacks are diverse: as a result, cybersecurity requires a comparable diversity of approaches. Cyber-attacks can have powerful impacts on people’s lives, and so—in liberal democratic societies at least—governments have a duty to ensure cybersecurity in order to protect the inhabitants within their own jurisdiction and, arguably, the people of other nations. But, as recent events following the revelations of Edward Snowden have demonstrated, there is a risk that the governmental pursuit of cybersecurity might overstep the mark and subvert fundamental privacy rights. Popular comment on these episodes advocates transparency of government processes, yet given that cybersecurity risks represent major challenges to national security, it is unlikely that simple transparency will suffice. Managing the risks of cybersecurity involves trade-offs: between security and privacy; individual rights and the good of a society; and types of burdens placed on particular groups in order to protect others. These trade-offs are often ethical trade-offs, involving questions of how we act, what values we should aim to promote, and what means of anticipating and responding to the risks are reasonably—and publicly—justifiable. This Occasional Paper (prepared for the National Security College) provides a brief conceptual analysis of cybersecurity, demonstrates the relevance of ethics to cybersecurity and outlines various ways in which to approach ethical decision-making when responding to cyber-attacks

Identifying risks in China's counter-terrorism policy

published_or_final_versionInternational and Public AffairsMasterMaster of International and Public Affair

Security and defence research in the European Union: a landscape review

This landscape report describes the state of play of the European Union’s policies and activities in security and defence and the EU-funded research aimed at supporting them, with an exclusive focus on intentional harm. It is organised around several thematic building blocks under the umbrella of the three core priorities defined in the European agenda on security. The report reviews the current main risks and threats but also those that may emerge within the next 5 years, the policy and operational means developed to combat them, the main active stakeholders and the EU legislation in force. In this context, a short history of EU research on security and defence is presented, followed by an inventory of relevant research and development projects funded under the Horizon 2020 framework programme during the period 2014-2018. The specific contributions of the Joint Research Centre to security research are also highlighted. Finally, future avenues for security and defence research and development are discussed. Please note that the executive summary of this landscape report has been published simultaneously as a companion document.JRC.E.7-Knowledge for Security and Migratio

Understanding digital intelligence and the norms that might govern it

Abstract: This paper describes the nature of digital intelligence and provides context for the material published as a result of the actions of National Security Agency contractor Edward Snowden. It looks at the dynamic interaction between demands from government and law enforcement for digital intelligence, and at the new possibilities that digital technology has opened up for meeting such demands. The adequacy of previous regimes of legal powers and governance arrangements is seriously challenged just at a time when the objective need for intelligence on the serious threats facing civil society is apparent. This paper suggests areas where it might be possible to derive international norms, regarded as promoting standards of accepted behaviour that might gain widespread, if not universal, international acceptance, for the safe practice of digital intelligence

Can artificial intelligence, RegTech and CharityTech provide effective solutions for anti-money laundering and counter-terror financing initiatives in charitable fundraising

Purpose: Artificial intelligence has had a major impact on organisations from Banking through to Law Firms. The rate at which technology has developed in terms of tasks that are complex, technical and time consuming has been astounding. The purpose of this article is to explore the solutions that AI, RegTech and CharityTech provide to charities in navigating the vast amount of anti-money laundering and counter-terror finance legislation in the United Kingdom; so that they comply with the requirements and mitigate the potential risk they face but also develop a more coherent and streamlined set of actions. Design/methodology/approach: The subject is approached through the analysis of data, literature and, domestic and international regulation. The first part of the article explores the current obligations and risks charities face, these are then, in the second part, set against the examination of potential technological solutions as at August 2020. Findings: It is suggested that charities underestimate the importance of the nature and size of the threat posed to them, this is significant, as demonstrated, given the growing size and impact of the sector. Technological solutions are suggested to combat the issues charities face. Originality: The work is original because it is the first to create the notion of CharityTech, and to specifically explore what technological advances can assist charities in meeting the regulatory compliance challenge

Responsibility for cyberterrorism under international law

https://www.ester.ee/record=b5448046*es