NCJ Number
227472
Journal
European Journal of Criminology Volume: 6 Issue: 2 Dated: March 2009 Pages: 119-134
Date Published
March 2009
Length
16 pages
Annotation
This paper examines the challenges in the proportionality of Internet surveillance and the privacy rights of individuals.
Abstract
Over the years, as the Internet has become a mainstream communications mechanism, law enforcement and intelligence agencies have developed new surveillance capabilities and been given new legal powers to monitor its users. The capabilities provided have targeted terrorism suspects, as well as those using the Internet for communication, propaganda, research, planning, publicity, and fundraising. However, the proportionality of Internet surveillance touches on fundamental values of a democratic society, raising constitutional questions, specifically inherent threats to privacy. The privacy and nondiscrimination rights that are core to the European legal framework are being challenged by the increased surveillance and profiling of terrorism suspects. The disproportionate nature of Internet surveillance is argued to be problematic for democracy and the rule of law, leading to practical difficulties for cross-border cooperation between law enforcement agencies. References