Intellectual Property Law

EU Amendment of the Framework Decision on Combating Internet Terrorism, 18 April 2008

By IBLS Editor

The EU formally agreed on April 18th in Brussels to an Amendment establishing for all 27 EU member states a standardized criminal definition for the crime of incitement of terrorism on the Internet.
Legislation fighting terrorism is already in place, but did not specifically focus on the Internet. The amendment, in keeping with already existent legislation covering acts of terrorism have further outlined what the acts are sanctioned.

Some committee members were concerned about civil liberties aspects, while others demanded a strong and robust defense of democracy and the rights of freedom of speech. The Commission was looking to revise existing EU counter-terrorist policies and to provide a common legal framework and a common definition of terrorist offenses. The Commission claims the change s were needed due to the "multiple and changing faces of terrorism".

The EU's official statement describes the intent of the framer's of the Amendment as ?to harmonize national provisions on public provocation to commit a terrorist offence, recruitment for terrorism and training for terrorism, so that these forms of behavior are punishable, also when committed through the Internet, throughout the EU, and ensure that existing provisions on penalties, liability of legal persons, jurisdiction and prosecution applicable to terrorist offences, apply also to such forms of behavior.?

The law describes what the punishment will be for, ?Individuals disseminating terrorist propaganda and bomb-making expertise through the Internet- can therefore be prosecuted and sentenced to prison insofar as such dissemination amounts to public provocation to commit terrorist offences, recruiting for terrorism or training for terrorism and is committed intentionally.?

The Amendment also empowers courts or administrative authorities to request internet service providers to collect and remove this information according to rules from the Directive on electronic commerce. The framers worked to make the wording as close as possible to the wording of the Council of Europe Convention on the Prevention of terrorism as possible. They suggest they have dealt with the problem of balancing fighting Internet usage for terrorist purposes with respect for the freedom of speech.

In putting together the Amendment, one of the key issues was how to frame the definition of ?public provocation to commit terrorist offences"? For "public provocation", the Commission proposed adding ?three new crimes aimed at covering "traditional" and modern terrorist methods - recruiting terrorists, training for acts of terrorism and "public provocation" to commit terrorist offences.?

MEP French Socialist Roselyne Lefrançois told the framers the term public provocation "needs definition" and stressed civil liberties implications, asking "where does freedom of expression stop?" Lefrançois added, "we need a clear formulation, a safeguard clause and provisions guaranteeing respect for fundamental rights."

Spanish MEP Luis de Grandes Pascual said, "I am worried that the debate is oriented towards an artificial dichotomy between fighting terrorism and freedom of expression". He added, "democracy is a "public opinion regime", but the defence of democracy calls for a particular strength - in order not for us to fall into weakness.?

According to the EU, in 2007 there were 583 failed, foiled or executed terrorist attacks. Most were attempted by separatist terrorist groups in Spain and France. Also, there were 4 failed "Islamist" attacks. In association with the investigation of these crimes, 1,044 people in Europe were arrested.

Anti-terrorist coordinator Gilles de Kerchove claims there is "a real threat on our borders" and that "EU nationals are at risk" both in and outside the Union and when traveling outside it. Last year, Europeans traveling in Yemen were attacked. He added that, "Al-Qaeda will remain an international threat for years to come". The Commission stated that "virtual training camps" have been setup on the Internet, as Mr de Kerchove claims "around 5000 websites are helping to radicalise our young people in Europe". Ms Lefrançois states "the internet offers (terrorism) a global stage".

Full post as published by IBLS Internet Law Blog on April 21, 2008 (boomark / email).