ABSTRACT

Terrorists have become increasingly sophisticated in their recruitment and radicalization strategies. Critics of cyber surveillance, interception, and targeting have argued that the practices and procedures infringe on a variety of human rights protected under the international and national laws. The European Convention on Human Rights states that interference with fundamental human rights must be justified as legitimate, necessary, proportionate, non-discriminatory, and in accordance with the law. Western democracies have an obligation to provide security to their citizens and to do all that can be reasonably expected in order to protect their populations from harm. Individual liberties are codified and protected in a number of ways, including international, national, and state law. In addition to the right to privacy, there are a number of additional human rights that are relevant when discussing the monitoring and regulation of cyberspace.