Online anti-terrorism legislation refers to the body of laws which deal with the use of the internet and other new media technologies for the purpose of or in conjunction with acts of terrorism. It also embodies the powers given to governments and intelligence agencies to monitor and collect information regarding the use of the internet or online communications for terrorist purposes, and how they can use this information to enforce the laws or pursue suspects. Legislation varies from country to country and encompasses a vast range of issues including online content and online privacy.
In the current heightened security environment, the issue of online anti-terrorism legislation has become increasingly salient. The attacks on the World Trade Centre on September 11, 2001 instigated a range of changes and amendments to legislation around the world. Countries recognised the need for updated laws and procedures to deal with the rise of more complex and sophisticated crimes against the state. The result was rafts of anti-terrorism legislation introduced into various countries, including the United States (US), Australia and the United Kingdom (UK) which often expanded the scope of definitions of terrorist activities and granted greater powers to governments to gather intelligence and detain suspects.
Governments realised the significance of new media technologies, such as the internet, to the organisation of terrorist groups, namely as a communicative tool. The internet as a means of communication has proved advantageous to groups scattered across the world due to several of its distinguishing features. Communication can be reciprocal and interactive, and disseminating and accessing information through interconnected networks is inexpensive, efficient and largely unrestricted. Its decentralised nature makes difficult to regulate and also provides anonymity to users. As a result, the internet has, as Flew (2002:184) states, facilitated “new forms of political activism� and the growth and organisation of “oppositional and protest movements�.
Consequently, much of the anti-terrorism legislation that was passed after the September 11 attacks gave increased authority to governments in order to monitor, access and share information regarding an individual’s internet usage and online activities. This legislation has had significant effects on the online industry. In trying to monitor internet and online content, governments have largely placed the onus on Internet Service Providers (ISPs) and telecommunications providers to impart information required by authorities. This raises concerns and issues over the role of ISPs with civil libertarians arguing that reforms like these have “turn[ed] ISPs into agents of the police for purposes of surveillance� (Cohen in McCarthy, 2001:25 ). These recent amendments have highlighted the debate between the need for a government to protect its citizens in a sovereign state and the individual’s right to privacy and freedom of speech.
Some landmark acts which have sparked debate amongst politicians and civil libertarians include the USA PATRIOT Act, passed on 26 October 2001 in the US, and recent amendments to the Telecommunications Intercept Legislation Bill in Australia, which established the inclusion of emails and voicemails under the Act. Bills such as these have direct implications for internet content and what is acceptable and permissible to publish online (ABC, 2004). With the pervasiveness of new media technologies such as the internet rapidly adopted around the world, online anti-terrorism legislation is becoming increasingly relevant for us, as consumers with the World Wide Web becoming more and more integrated into our daily lives. It is important for citizens to be aware of current and changing legislation which ultimately has effects on their right to privacy and civil liberties.
Paradoxically, issues such as preventing identity theft and the safeguarding of important identity-related information such as social security numbers are threatened by online anti-terrorism legislation which reduces a person’s privacy (Berry-Helmlinger, 2002, p.17). Governments have a difficult task in trying to find a balance in order to achieve both a secure internet environment for consumers and to monitor suspicious activity and defend against terrorist or malicious attacks. The development and rapid advance in new media technologies also proposes new challenges for governments to ensure legislative mechanisms are adequate to combat the new ways in which these technologies assist terrorists in communicating surreptitiously and evading authorities. Some of these new technologies can be advantageous to clandestine organisations or some aid intelligence agencies in tracking individuals. More information about these technologies can be found at The Future of GPS and Privacy and New Technologies.
In summary, numerous contentious and relevant issues surround online anti-terrorism legislation. Issues arise concerning the central debate between the importance of creating legislation to protect citizens from harm, without encroaching on individual freedoms and liberties that the law seeks to preserve. With terrorism and national security always high on the political agenda and the possible changeover of governments in upcoming US and Australian federal elections, online anti-terrorism legislation will continue as a pertinent and evolving issue of new media technologies.
Katrina Yuen 23:32, 11 Sep 2004 (EST)
Katrina Yuen 13:21, 14 Sep 2004 (EST)
Online Anti-terrorism Legislation - List of References
Online Anti-terrorism Legislation - Online Political Activism
Online Anti-terrorism Legislation - Effects on the Communications Industry
Online Anti-terrorism Legislation - Privacy and Surveillance Issues
Online Anti-terrorism Legislation - Recent Developments
Online Anti-terrorism Legislation - Implications for Internet Content
Katrina Yuen 16:31, 25 Aug 2004 (EST)
