The legal conflict between security and privacy in addressing terrorism and other crime on the internet

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

Abstract

Internet security aimed at addressing terrorism and other crime is not only a technological issue as it invariably impacts on the legal system and the rights it contain such as the right to privacy. Many information security professionals focus on security and pay little or no regard to the privacy rights of the Internet user whereas the opposite can be said of privacy activists. Internationally countries face the challenge of applying new approaches to the Internet in the prevention, detection and investigation of terrorism and other crime and prosecution of the perpetrator. Securing the Internet against terrorism and other crime result in a conflict between security, a technical issue and privacy, a legal aspect. A perplexing question is whether an Internet user can expect online privacy or whether globalisation and the approaches in combating crime and especially terrorism, have not resulted in an online environment that is incompatible with privacy rights. The impact of Internet security on privacy is not automatically justifiable on the basis that Internet security aims to protect against criminal actions. The method used in securing the Internet and the impact thereof on Internet privacy must be subjected to scrutiny by all stakeholders to ensure compliance with legal principles to prevent abuse of governmental powers. This chapter investigates to which extent Internet privacy rights may justifiably be restricted in the interest of law enforcement and national security.

Original languageEnglish
Title of host publicationHandbook of Electronic Security and Digital Forensics
PublisherWorld Scientific Publishing Co.
Pages553-572
Number of pages20
ISBN (Electronic)9789812837042
ISBN (Print)9812837035, 9789812837035
DOIs
Publication statusPublished - 1 Jan 2010

ASJC Scopus subject areas

  • General Computer Science
  • General Social Sciences

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