Digital Privacy, Terrorism and Law Enforcement
The UK's Response to Terrorist Communication, 1st Edition
By Simon Hale-Ross - Routledge, 2019
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.
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.
