[PDF] The use of the Internet for terrorist purposes

View - Download The use of the Internet for terrorist purposes

Previous PDF

Next PDF

The use of the Internet

for terrorist purposes

In collaboration with the

UN IT ED N ATIONS COUNTER-TERRORISM IMPLEMENTATION TASK FORCE

UNITED NATIONS OFFICE ON DRUGS AND CRIME

Vienna

THE USE OF THE INTERNET FOR

TERRORIST PURPOSES

UNITED NATIONS

New York, 2012

© United Nations, September 2012. All rights reserved. The designations employed and the presentation of material in the present publica tion do not imply the expression of any opinion whatsoever on the part of the Sec retariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. Information on uniform resource locators and links to Internet sites contained in the present publication are provided for the convenience of the reader and are cor rect at the time of issue. The United Nations takes no responsibility for the continued accuracy of that information or for the content of any external website. Publishing production: English, Publishing and Library Section, United Nations

Ofce at Vienna.

“The Internet is a prime example of how terrorists can behave in a truly transnational way; in response, States need to think and function in an equally transnational manner."

Ban Ki-moon

Secretary-General of the United Nations

v

Foreword

Executive Director

United Nations Ofce on Drugs and Crime

The use of the Internet for terrorist purposes is a rapidly growing phenomenon, requiring a proactive and coordinated response from Member States. The United Nations Ofce on Drugs and Crime (UNODC) plays a key role in providing assistance to Member States, in furtherance of its mandate to strengthen the capacity of national criminal justice systems to implement the provisions of the international legal instruments against terrorism, and does so in compliance with the principles of rule of law and international human rights standards. In particular, in 2011, the General Assembly, in its resolution 66/178, reafrmed the mandate of UNODC to continue to develop specialized legal knowledge in the area of counter-terrorism and pertinent thematic areas, including the use of the Internet for terrorist purposes. Despite increasing international recognition of the threat posed by terrorists" use of the Internet in recent years, there is currently no universal instrument specically address ing this pervasive facet of terrorist activity. Moreover, there is limited specialized training available on the legal and practical aspects of the investigation and prosecution of ter rorism cases involving the use of the Internet. The present publication complements the existing resources developed by UNODC in the areas of counter-terrorism, cyber crime and rule of law. It also addresses the importance of developing integrated, specialized knowledge to respond to the technical assistance needs of Member States in combating this continually evolving threat. UNODC is deeply grateful for the generous support of the Government of the United Kingdom of Great Britain and Northern Ireland, which made the publication of that work possible. The publication, which is intended for use both as a stand-alone resource and in sup port of the capacity-building initiatives of UNODC, is aimed at providing guidance regarding current legal frameworks and practice at the national and international levels relating to the criminalization, investigation and prosecution of terrorist cases involving the Internet. Terrorism, in all its manifestations, affects us all. The use of the Internet to further terrorist purposes disregards national borders, amplifying the potential impact on victims. By highlighting cases and best practices that respond to this unique challenge, the present publication has two aims: rst, to promote a better understanding of the ways in which communications technologies may be misused in furtherance of acts of ter rorism and, second, to increase collaboration among Member States, so that effective criminal justice responses to this transnational challenge can be developed.

Yury Fedotov

Executive Director

United Nations Ofce on Drugs and Crime

vi

Secretary-General"s

Counter-Terrorism Implementation Task Force

The Working Group on Countering the Use of the Internet for Terrorist Purposes of the Counter-Terrorism Implementation Task Force is aimed at coordinating the activities of the United Nations system in support of the United Nations Global Counter- Terrorism Strategy, adopted by the General Assembly in its resolution 60/288, in which Member States resolved to “coordinate efforts at the international and regional levels to counter terrorism in all its forms and manifestations on the Internet" and “use the Internet as a tool for countering the spread of terrorism, while recognizing that States may require assistance in this regard". The Working Group has identied three key themes for discussion: legal issues, technical issues and ways in which the international community might use the Internet more effectively to counter terrorism by exposing the fallacy of the terrorist message that violence is a legitimate way to effect political change. The present study, produced by the United Nations Ofce on Drugs and Crime and conducted within the framework of the Working Group, owes much to the contribution and support of Member States. It takes discussion of the legal challenges to the next stage and adds signicantly to the knowledge and expertise that the Working Group has accumulated and shared with Member States in that area. In particular, it provides important examples of Member State legislation dealing with terrorist use of the Internet and demonstrates, through real examples of legal cases, the difculties faced by Member States in criminalizing and prosecuting such acts. The Working Group is condent that the present report will help to identify the legisla tive areas in which the United Nations can assist in the implementation by Member States of the Global Counter-Terrorism Strategy in combating the use of the Internet for terrorist purposes.

Richard Barrett

Coordinator of the Analytical Support and Sanctions Monitoring Team Co-Chair of the Counter-Terrorism Implementation Task Force Working Group on Countering the Use of the Internet for Terrorist Purposes vii

Government of the United Kingdom

The United Kingdom has pioneered legislation to counter use of the Internet for ter rorist purposes over the past decade; we have had considerable success in tackling online terrorist activity within the country"s borders, while doing our utmost to uphold free doms and benets that the Internet has brought to our citizens. However, we recognize that the threat is transnational by its very nature. Only by tak ing action together can the international community hope to tackle terrorist use of the

Internet effectively.

The British Government therefore welcomes the opportunity to support UNODC in producing the publication that you are about to read. We hope that it will rapidly become a useful tool for legislators, law enforcement ofcials and criminal justice practitioners to develop and implement legal frameworks that will effectively disrupt terrorists" activities online. If so, it will make a valuable contribution to making our communities - both real and virtual - safer places.

Simon ShercliffSue Hemming OBE

Head, Counter Terrorism (Ops)

Department Foreign and

Commonwealth OfceHead of the Special Crime and Counter

Terrorism Division

Crown Prosecution Service

ix

Contents

Page Foreword .................................................. v Executive Director United Nations Office on Drugs and Crime ............ v Secretary-General"s Counter-Terrorism Implementation Task Force .......... vi Government of the United Kingdom ................................. vii Background ................................................ 1 I. Use of the Internet for terrorist purposes ...................... 3 A. Introduction ............................................ 3 B. Means by which the Internet is utilized for terrorist purposes ..... 3 C. Uses of the Internet for countering terrorist activity ............. 12 D. Rule-of-law considerations ................................. 13 II. The international context ................................ 15 A. Introduction ............................................ 15 B. United Nations counter-terrorism resolutions .................. 16 C. Universal counter-terrorism legal instruments .................. 17 D. International human rights law ............................. 19 E. Regional and subregional counter-terrorism legal instruments ..... 20 F. Model legislation ........................................ 23 III. Policy and legislative frameworks .......................... 27 A. Introduction ............................................ 27 B. Policy ................................................. 27 C. Legislation ............................................. 31 IV. Investigations and intelligence-gathering .................... 53 A. Tools in the commission of terrorist offences involving the Internet . 53 B. Investigations of terrorist cases involving the Internet ............ 60 x Page C. Forensic data preservation and recovery ...................... 64 D. Supporting the authentication of digital evidence ............... 67 E. Operational cybercrime units ............................... 68 F. Intelligence-gathering ..................................... 70 G. Training ............................................... 72 V. International cooperation ................................ 73 A. Introduction ............................................ 73 B. Instruments and arrangements relating to international cooperation . 73 C. National legislative frameworks ............................. 82 D. Non-legislative measures .................................. 83 E. Formal versus informal cooperation .......................... 89 F. Challenges and issues. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 VI . Prosecutions .......................................... 101 A. Introduction ............................................ 101 B. A rule-of-law approach to criminal prosecutions ................ 101 C. Role of prosecutors in terrorism cases ........................ 102 D. The investigative phase ................................... 103 E. International cooperation .................................. 106 F. The charging phase ...................................... 106 G. The trial phase: evidential issues ............................ 107 H. Other issues ............................................ 120 VII. Private sector cooperation ................................ 123 A. The role of private sector stakeholders ....................... 123 B. Public-private partnerships ................................. 130 VIII . Conclusion ............................................ 133 A. Use of the Internet for terrorist purposes ..................... 133 B. The international context .................................. 133 C. Policy and legislative frameworks ............................ 134 xi Page D. Investigations and intelligence-gathering ...................... 136 E. International cooperation .................................. 136 F. Prosecutions ............................................ 139 G. Private sector cooperation ................................. 141 Annex List of contributors ............................................... 143 1

Background

Technology is one of the strategic factors driving the increasing use of the Internet by terrorist organizations and their supporters for a wide range of purposes, including recruitment, nancing, propaganda, training, incitement to commit acts of terrorism, and the gathering and dissemination of information for terrorist purposes. While the many benets of the Internet are self-evident, it may also be used to facilitate com munication within terrorist organizations and to transmit information on, as well as material support for, planned acts of terrorism, all of which require specic technical knowledge for the effective investigation of these offences. It is a commonly accepted principle that, despite the heinous nature of their acts, alleged terrorists should be afforded the same procedural safeguards under criminal law as any other suspects. The defence of human rights is a core value of the United Nations and a fundamental pillar of the rule-of-law approach to the ght against terrorism. The present publication accordingly highlights the importance of respect for the principlesquotesdbs_dbs46.pdfusesText_46

[PDF] légitimité du mensonge

[PDF] lego mindstorm ev3 instructions

[PDF] lego mindstorm ev3 programmation

[PDF] legrand se réorganise pour l'avenir

[PDF] legume recolter par 20000 ouvrier en 3 mois

[PDF] lehman brothers

[PDF] leibniz nouveaux essais sur l entendement humain perception

[PDF] leibniz nouveaux essais sur l'entendement humain pdf

[PDF] leila93

[PDF] lele anglais

[PDF] lele espagnol document personnel

[PDF] lemonde verification

[PDF] lena souhaite estimer la profondeur de son puit

[PDF] lendemain d'épreuve de maths au BAC S

[PDF] Lénine et la conquête du pouvoir