Regulation of state surveillance of the internet

The purpose of this paper is to investigate the legal justifiability of measures contained in state surveillance laws pertaining to the Internet. The commercialisation of the Internet brought about many advantages but at the same time unlocked several challenges unknown to the physical world. Internet-connected countries battle to maintain control over information flowing across borders for the purposes of national security and law enforcement. State surveillance of the Internet may be utilised in addressing the abuse of the Internet, such as organised crime and terrorism. The 9/11 terrorist attacks coupled with the effect of globalisation reinforced and accelerated the use of technology-based surveillance and that includes state surveillance of electronic communications in the USA. Many countries have since followed suit and introduced legislation providing for state surveillance of the Internet. The western world has always jealously guarded the protection of human rights, yet new technological and political developments often challenge the human rights culture. The exploitation of the Internet for the commission of serious crimes challenges countries to find ways of controlling cyberspace, whilst at the same time encouraging the continuous growth of the Internet, stimulating technological innovation and enjoying the benefits brought by the Internet.