The use of the Internet

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28 THE USE OF THE INTERNET FOR TERRORIST PURPOSES Terrorist Purposes of the Counter-Terrorism Implementation Task Force identified three broad strategic approaches by which States might counter terrorist activities over the Internet; involving the use of: (a) General cybercrime legislation; (b) General (non-Internet-specific) counter-terrorism legislation; (c) Internet-specific counter-terrorism legislation. 76. It is noted that in approach (a), in addition to the use of general cybercrime legislation, other inchoate criminal offences such as solicitation and criminal association might also be used when dealing with terrorism cases involving some aspect of Internet use, particularly when dealing with alleged acts aimed at inciting acts of terrorism. 77. The Working Group’s broad classification system is a useful conceptual framework to guide the work of policymakers and legislators when considering appropriate policy and legislative approaches for their particular States. 78. Another useful resource for policymakers and legislators, referred to in Countering the Use of the Internet for Terrorist Purposes 79 is the Toolkit for Cybercrime Legislation, developed under the auspices of ITU. In addition to other model criminal provisions, the Toolkit contains several specific terrorist-related offences, including section 3 (f), which deals with unauthorized access to, or acquiring computer programs for, the purpose of developing, formulating, planning, facilitating, assisting in the commission of, conspiring to commit or committing acts of terrorism. 79. Within the broad framework provided by universal counter-terrorism instruments and relevant international human rights standards, Governments have considerable flexibility in their preferred approach; inevitably, these vary between States. The present chapter merely highlights examples of approaches adopted by some States that might be helpful to policymakers and legislators. 80. Currently, few States have developed counter-terrorism legislation specifically targeting the use of the Internet itself by terrorists, but there are some, including the United Kingdom, where, after the 2005 bombings in London the Government enacted the Terrorism Act 2006, Part 1 of which includes provisions specifically dealing with Internet-based activity that is likely to encourage or assist in the commission of acts of terrorism. The Act supplements the Computer Misuse Act 1990, which addresses computer-based crime and cybercrime more generally. 81. In 2007, the United Arab Emirates passed federal cyberlaws that, in addition to criminalizing hacking and other Internet-related activity, criminalized the establishment of a website or the publication of information for terrorist groups under false names with intent to facilitate contact with their leadership or promote their ideologies, finance 79 Ibid., para. 20.
CHAPTER III. POlICy AND lEGISlATIvE FRAMEwORKS their activities or publish information on how to make explosives or other substances for use in terrorist attacks. 80 82. In 2008, the Government of Saudi Arabia implemented new technology-related laws, including one that established as a criminal offence, punishable by fines and up to 10 years of imprisonment, owning a website that advocates or supports terrorism. 81 83. Also in 2008, the Government of Pakistan enacted the Prevention of Electronic Crimes Ordinance, 2008, which made specific provision for offences connected to cyberterrorism. The law is no longer in force, however. 82 84. Finally, the same year saw the Government of India amend the Information Technology Act, 2000, to provide for the offence of “cyber terrorism” (section 66F) and other Internet-related issues. 85. Nevertheless, internationally, with some exceptions, in the absence of any universal instrument imposing an express obligation to enact legislation specifically targeting terrorist activity over the Internet, most Governments have elected to deal with such threats by using a mixed approach, utilizing a combination of general criminal laws, as well as cybercrime and counter-terrorism legislation. In some States, for example, criminal laws focus on substantive criminal acts without differentiating among the specific means by which they are committed. Under this approach, the Internet is regarded as merely a tool by which terrorists commit a substantive crime, often contained within the provisions of the national penal code. 86. This is the approach in China, where the Criminal Law of the People’s Republic of China contains an article dealing with the criminalization of all illegal activities involving the use of the Internet. Article 287 of the Criminal Law makes it an offence to use a computer in the commission of an offence, which will be prosecuted and sentenced in accordance with the relevant criminalization and sentencing provisions in that law. In this way, under Chinese criminal law, the use of Internet is regarded as a medium or tool through which a criminal act may be committed, rather than an independent constituent element of the crime, and is therefore criminalized within the substantive provisions of the criminal law. 87. In the terrorism context, in China there are provisions criminalizing different forms of terrorist activities, including article 120 of the Criminal Law, which criminalizes activities related to organizing, leading and participating in terrorist organizations. This broad criminalization provision covers a wide range of terrorism-related activities, including those carried out over the Internet. 80 Federal Law No. (2) of 2006 on the Prevention of Information Technology Crimes, Official Gazette of the United Arab Emirates, vol. 442, 36th year, Muharam 1427 H/January 2006 (unofficial English translation available from www.aecert.ae/pdfs/Prevention_of_Information_Technology_Crimes_English.pdf). 81 David Westley, “Saudi tightens grip on Internet use”, Arabian Business, 26 January 2008. 82 “Pakistan lacks laws to combat cyber terrorism”, The New New Internet, available from www.thenewnewInternet. com/2010/09/01/pakistan-lacks-laws-to-combat-cyber-terrorism. 29
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