UID:
almahu_9949880708602882
Format:
1 online resource (viii, 195 pages)
ISBN:
9781351118965
,
135111896X
,
9781351118972
,
1351118978
,
9781351118958
,
1351118951
,
9781351118989
,
1351118986
Series Statement:
Routledge research in terrorism and the law
Content:
This book examines the UK's response to terrorist communication. Its principle question asks, has individual privacy and collective security been successfully managed and balanced? The author begins by assessing several technologically-based problems facing British law enforcement agencies, including use of the Internet; the existence of 'darknet'; untraceable Internet telephone calls and messages; smart encrypted device direct messaging applications; and commercially available encryption software. These problems are then related to the traceability and typecasting of potential terrorists, showing that law enforcement agencies are searching for needles in the ever-expanding haystacks. To this end, the book examines the bulk powers of digital surveillance introduced by the Investigatory Powers Act 2016. The book then moves on to assess whether these new powers and the new legislative safeguards introduced are compatible with international human rights standards. The author creates a 'digital rights criterion' from which to challenge the bulk surveillance powers against human rights norms. Lord Carlile of Berriew CBE QC in recommending this book notes this particular legal advancement, commenting that rightly so the author concludes the UK has fairly balanced individual privacy with collective security. The book further analyses the potential impact on intelligence exchange between the EU and the UK, following Brexit. Using the US as a case study, the book shows that UK laws must remain within the ambit of EU law and the Court of Justice of the European Union's (CJEU's) jurisprudence, to maintain the effectiveness of the exchange. It addresses the topics with regard to terrorism and counterterrorism methods and will be of interest to researchers, academics, professionals, and students researching counterterrorism and digital electronic communications, international human rights, data protection, and international intelligence exchange.
Note:
Cover; Half Title; Title Page; Copyright Page; Table of Contents; Foreword; Other; Introduction: approaching terrorism; The right to life; The capabilities gap and privacy; State counterterrorism and surveillance powers v international human rights; The UK Government's approach; The rationale and rule of law; The IPA; Building public trust; The method; 1. The United Kingdom's legal definition of terrorism; Introduction; The law in the UK: the Terrorism Act 2000; Extra-jurisdictional effect of UK law: an international threat needs an international response; UK discretionary power to prosecute
,
Political value of terrorismConclusion; 2. The 21st Century terrorist threat: how terrorist groups and terrorists communicate and the unknown threat; Introduction; Terrorist group: Islamic State; 21st Century methods of communication: how terrorist groups use the Internet in the digital age; The Internet and application protocols, smartphones and encryption; Conclusion; 3. The necessity of bulk communications data surveillance; Introduction; The Investigatory Powers Act 2016; Bulk interception of electronic communications data and content: the legal definitions
,
Bulk equipment interference: computer network exploitationBulk powers: the case studies; Conclusion; 4. The necessity of pre-emptive legal counterterrorism measures; Introduction; Operational abilities: Islamist terrorist training; Criminalising neutral behaviour: needles in haystacks, risk society and pre-emptive measures; Statutory preventative measures: possession of articles and collecting materials and information for use in terrorist activities; Encouragement and glorification of terrorism; Conclusion
,
5. Implications of the UK's legal response: striking the right balance between individual privacy and collective security in the Introduction; UK data protection; Key human rights instruments: influencing the UK's approach; Bulk retention of electronic communications data: key human rights instruments; Creating a new data retention law: the digital rights criterion; Bulk powers: digital rights criterion; Privacy and trust: balancing individual privacy and collective security; Conclusion
,
6. The international nature of the 21st Century terrorism threat: preserving international intelligence exchange and the implicatIntroduction; The UK and the EU: the exit; Passenger Name Records data and Advanced Passenger Information: case study in relations between the EU and third countries; The relationship between the EU and the UK: PNR and intelligence exchange; The PNR agreements between the US and EU: the Snowden effect; Conclusion; Conclusion; Bibliography; Index
Additional Edition:
Print version: Hale-Ross, Simon. Digital privacy, terrorism and law enforcement. New York, NY : Routledge, 2018 ISBN 9780815360186
Language:
English
DOI:
10.4324/9781351118989
URL:
https://www.taylorfrancis.com/books/9781351118989
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