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Cyber WarLaw and Ethics for Virtual Conflicts$
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Jens David Ohlin, Kevin Govern, and Claire Finkelstein

Print publication date: 2015

Print ISBN-13: 9780198717492

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:oso/9780198717492.001.0001

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Cyberterrorism and Enemy Criminal Law

Cyberterrorism and Enemy Criminal Law

(p.57) 4 Cyberterrorism and Enemy Criminal Law
Cyber War

Stuart Macdonald

Oxford University Press

This chapter examines the UK’s criminal justice-based response to the threat of cyberterrorism. In recent years the UK has introduced a range of terrorism-related legislation, which has significantly extended the reach of the criminal law, indirectly diminished the procedural rights of suspected terrorists and provides for the imposition of severe sanctions which are rooted in a precautionary approach based on potential future harms. These are all marked departures from the normal standards of the criminal law and may be understood as the convergence of the criminal justice and exceptional measures approaches: in other words, as a form of enemy criminal law. The chapter argues that it is contradictory—and, ultimately, self-defeating—to insist on a criminal justice-based framework without adhering to the features which give the criminal law its moral authority in the first place.

Keywords:   cyberwar, cyberwarfare, criminal justice, cyberterrorism, criminal law, UK law

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