The criminalisation of terrorists' online preparatory acts

Abstract

Chapter Overview: This chapter examines the use of the criminal law to prevent terrorist attacks by prohibiting online preparatory activities. The chapter begins by explaining our understanding of the term cyberterrorism, arguing that whilst it is important that cyberterrorism is construed narrowly it is also important to recognise that it is qualitatively distinct from traditional forms of terrorism. After outlining the variety of ways in which terrorists may use the Internet in preparation for both cyber and non-cyber based attacks, the chapter then explains why terrorism precursor offences have been deemed necessary and argues that the notion of normative involvement offers both a principled basis on which to justify the criminalisation of preparatory activities as well as a yardstick for evaluating whether these offences overreach. Finally, the chapter considers another suggestion for limiting the scope of the precursor offences: stipulating that inherently innocent conduct should fall outside the scope of the criminal law. It argues that this proposal is problematic and that a more fruitful approach would be to strengthen the extra-legal constraints on prosecutorial discretion.