From M/Cyclopedia of New Media
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Online Anti-terrorism Legislation
Go to Online Anti-terrorism Legislation
Annotated Bibliography
Civil Liberties and Privacy Issues regarding Internet Content and Surveillance arising from the recent implementation of Anti-terrorism Legislation
- ABA: Australian Broadcasting Authority (1997) ‘’The Internet and some International Regulatory Issues Relating to Content,’’ Broadway: Australian Broadcasting Authority, ISBN 0642270252.
- This book is a comparative study of the online environments of four countries, Australia, Malaysia, Singapore and the United Kingdom. It covers legal and ethical issues such as illegal content and diversity of online subject matter. Legislation concerning the Internet and industry codes of practice which govern the online environment in Australia are explored and contrasted to the situation in other countries. The book also addresses the ways in which governments attempt to resolve some challenges presented by the Internet, such as community education programs and technical developments.
ABC: Australian Broadcasting Corporation (2004) “The 7.30 Report: Khazal Bail Sparks Law Debate� retrieved August 8, 2004 from http://www.abc.net.au/7.30/content/2004/s1124145.htm
- This report highlights the debate that has arisen in Australia surrounding new anti-terrorism legislation. Bilal Khazal is charged under the new laws for producing online documents that urged Muslim attacks on many Western countries. The report contains various views on Khazal’s arrest and subsequent release on bail. These include state and federal governments, lawyers and an intelligence officer. A spokesperson for the Lebanese Muslim Community is also interviewed. The report demonstrates the differing perspectives in Australia concerning the new anti-terror laws and is a clear indication of the current position and attitude held by the Government.
Katrina Yuen 11:49, 13 Aug 2004 (EST)
- EFA: Electronic Frontiers Australia (2003) “Privacy and Surveillance,� retrieved August 8, 2004 from
http://www.efa.org.au/Issues/Privacy/
- This is an independent Australian organisation that represents the online rights and freedoms of Internet users. The EFA monitors legislation and policy of online communications and lobbies governments to ensure online freedom of speech. This website details the current legislation regarding privacy and surveillance online in Australia. It provides clear and comprehensive definitions of the current laws and the issues that arise from recent changes to legislation. These include the Cybercrime Act, online surveillance, workplace privacy and Calling Number Display. It also contains useful links to other online resources on privacy issues.
Katrina Yuen 11:49, 13 Aug 2004 (EST)
- EPIC: Electronic Privacy Information Centre (2004) “The USA PATRIOT Act,� retrieved August 8, 2004, from
http://www.epic.org/privacy/terrorism/usapatriot/
- This website gives an extensive overview into the USA Patriot Act, anti-terrorism legislation introduced to the United States (US) on 26 October, 2001. The site provides an introduction to the act and the history of how it came into existence. Recent news updates in relation to the Act are also posted on the site. A detailed analysis is provided on the site which outlines the specific new provisions in the Act and the powers it gives government authorities. This includes the authority to conduct undisclosed searches, a diminished standard for foreign intelligence surveillance and the addition of terrorism and computer crime as justification for wiretaps of communication. It is a useful and comprehensive backgrounder to the USA Patriot Act.
Katrina Yuen 15:58, 12 Aug 2004 (EST)
- Goldsmith, J. L. (2003) “Against Cyberanarchy�, in A.Thierer and C.W.Crews Jr. (ed.) Who Rules the Net?: Internet Governance and Jurisdiction, Washington, D.C.: Cato Institute, pp. 31-70, ISBN 1930865430.
- The main argument of this chapter is the legitimacy and feasibility of regulating cyberspace. Goldsmith challenges the claims made by skeptics of regulation. He argues that transactions in cyberspace are comparable to real-space transnational transactions, as it is still the process of people in real-space communicating with one another. While it may be difficult and trialling, internet regulation can be likened to the regulation of other transnational contexts and issues. Goldsmith rejects common problems associated with regulating the Internet, such as spillover effects, extraterritoriality and the lack of notice of any governing laws in different jurisdictions. While he acknowledges the challenges of internet regulation, the author believes it can be achieved through the choice of law and the international harmonisation of law and standards worldwide.
Katrina Yuen 11:50, 13 Aug 2004 (EST)
- McCarthy, B. (2001) "ISPs are on the Front Lines in Terrorism Fight, But Ramifications of New Legislation are Unclear," Satellite Broadband vol.2, no.12, pp. 24-26.
- This journal article examines the potential consequences of new anti-terrorism legislation for Internet Service Providers (ISP's) in the United States (US). Civil liberties groups and communications providers such as ISP’s are concerned with the USA Patriot Act, new anti-terrorism legislation passed by US Congress after the September, 11 attacks. These new laws will significantly impact on the responsibilities of ISP’s, including their duty to disclose information to law enforcement agencies. Civil libertarians question the degree and scope of authority given to government agencies by the new legislation, which has expanded government powers and established multiple new terrorism offences. A new challenge that arises for ISP’s from the US Patriot Act is the possibility of liability concerns regarding customer information. This could result from the disclosure of customer information which obtained improperly by law enforcement agencies. The article contains useful industry perspectives on the new legislation and its potential effects.
Katrina Yuen 15:58, 12 Aug 2004 (EST)
- O'Gorman, T. (2004) "Liberties Lose Out in Terror War," The Courier Mail, 18 Jun., p.23.
- This article written by the president of Australia Council for Civil Liberties, Mr Terry O'Gorman, expresses the viewpoint of civil libertarians, who argue new anti-terrorism legislation is encroaching on the rights and freedoms of Australians under tougher new laws. Mr O’Gorman uses the recent example of Bilal Khazal, a Sydney man who was arrested under the new anti-terrorism laws for allegedly publishing extremist views on the internet, which were deemed to incite terrorism. Mr Khazal was recently granted bail from prison, which has instigated unprecedented changes to bail law in New South Wales and at a federal level by government and the Attorney- General. These changes connote a presumption against bail in terrorism charges for defendants. Mr O’Gorman contends these amendments to the legal framework signify the erosion of basic rights and liberties in the fight against terrorism.
- Post, D., and Brown, B. (2002) “When Do Plain Old Cybercrooks Become Terrorists?,� InformationWeek no.888, pp. 84.
- The differences between terrorism and cybercrime are questioned and discussed in this article, which asserts that the definition of the two has blurred since the passing of the USA Patriot Act after September 11. Privacy advocates, such as the Electronic Freedom Foundation, argue that the new bill cites domestic computer crimes such as hacking as terrorist offences. Perpetrators of cybercrimes, who were traditionally viewed as non-violent and causing mostly economic loss, can now be considered terrorists under the new anti-terrorism legislation. The Patriot Act has resulted from the extensive use of the Internet as a communication tool by terrorists to coordinate activities and strategy. It has given greater powers for authorities in surveillance and intelligence-gathering, giving the government easier access to a person’s online activities and movements, such as E-mails and websites visited.
- Rowland, D. (2003) “Privacy, Freedom of Expression and CyberSLAPPS: Fostering Anonymity on the Internet?,� International Review of Law Computers vol.17, no.3, pp.303-312.
- Rowland discusses in her article the issues of privacy and anonymity for users of the Internet. She argues that anonymity, which is easily provided by the Internet, allows people to freely express their views, without fear of ostracism or persecution, especially if they hold an unpopular or minority stance. Without the protection of privacy and anonymity, the right to one’s freedom of expression, guaranteed by the First Amendment of the United States Bill of Rights in the US, would be violated. Rowland however, acknowledges the potential drawbacks of online anonymity, such as the ability to make libellous or defamatory statements or perpetrate other unlawful activities, without fear of prosecution. Thus, a balance must be struck between the right to privacy and freedom of speech and its possible disadvantages. Previously, this balance favoured the safeguarding of privacy and anonymity, but in the current political climate since September 11, the balance has shifted toward the protection of national security, perhaps at the expense of anonymity. Rowland recognises it may be justifiable to take action against someone who uses anonymity to pose a genuine, identifiable threat; but as this often only applies to a relatively small proportion of worldwide internet users, peoples’ right to privacy should not be impeded on.
Katrina Yuen 17:33, 10 Aug 2004 (EST)
- Whine, M. (1997) “The Far Right on the Internet�, in B. D. Loader (ed.) ‘’The Governance of Cyberspace,’’ London: Routledge, pp. 209-227, ISBN 0415147247
- The author uses the case study of neo-Nazi extremist websites and web content in the argument for the need to regulate and control internet content. Whine states that the Far Right or neo-Nazis have targeted the Internet as a communication tool because of its unrestrained and accessible nature. This allows for information, including racist views and material, to be easily and readily exchanged online, with little regulation or supervision. The anonymity and technology of the Internet has facilitated the communication and organization of numerous online neo-Nazi groups, including the use of bulletin boards or publishing ‘hate’ articles and lists of anti-fascist activists. While varying legislation exists in many countries prohibiting sending ‘indecent’ or ‘offensive’ material, it is often difficult to monitor and prosecute due to the limitless and global reach of the Internet.
Katrina Yuen 11:52, 13 Aug 2004 (EST)
Katrina Yuen 16:27, 28 Jul 2004 (EST)
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