A legal analysis of cyberterrorism : threats and emerging legal responses

Abstract

This thesis deals with the domestic capabilities and vulnerabilities in combatting the threat of cyberterrorism. After the terrorist attacks of 9/11, states and organisations, regardless of their size, became fully aware of the vulnerabilities which exist within their laws and security policies, and the catastrophic consequences thereof. With the growing dependence of both public and private sectors on information and communication technology, these vulnerabilities are exponentially growing. It is due to this dependence that cyberterrorism may be considered as an emerging and potential threat, giving terrorists remote access to economic and critical structures from the comfort of their own home, were both the identity and the location of the attacker may be next to impossible to determine. In light of the above, it is essential to analyse the extent to which the domestic legal framework is capable of preventing and bringing perpetrators of these acts to justice. Such analysis includes an inquiry into domestic legislation, participation in international efforts and ratification of international and regional regulation, along with a look at Malta’s cybersecurity strategy, compared with that of other countries. The threat of cyberterrorism, due to its transnational architecture, has also given rise to the necessity of cooperation between states, in settling conflicts of jurisdiction and in providing access to information relating to cyberterrorism. Together with the United Nations and the Council of Europe, who have taken notable steps in the fight against terrorism, states are joining forces towards a harmonised legislative framework to mitigate the threat. Notwithstanding, in order to prevent and criminalise cyberterrorism, it is in the local interest to develop laws and policies which protect national interests, provide adequate security measures and punish criminal offences, ensuring that the threat on a national level can be mitigated to the greatest extent possible.