Counter Terrorism Measures via Internet Intermediaries: A First Amendment & National Security Dilemma

Abstract

Global communication and advancements in technology have dramatically expanded the range of the digital network, delivering a low barrier of entry to individuals. Evolving social media and easy access to Wi-Fi networks provide individuals with platforms to anonymously communicate extraterritorially to an often limitless audience. The Internet has developed a platform for participation in a virtual, less restrictive, magnification of an individual’s expressions and thoughts. However, while the Internet enables such communication, legal initiatives are being implemented to constrain terrorists as they exploit the Internet for the purpose of carrying out their violent agenda in the U.S. and abroad. This article explores recent counter-terrorism measures taken by the U.S. government and other liberal democracies as they relate to issues of First Amendment Freedom of Speech, as well as the complexities of trans-border enforcement mechanisms to constrain and punish speech. The article provides an analysis of landmark Free Speech cases in the U.S. as they pertain to censorship via Internet Intermediaries - and considers the wide latitude afforded to the U.S. government in its national security efforts in combatting terrorism.

Keywords: First Amendment, International Law, Cyber Warfare, Cyber Law, Internet, Digital Communication, Freedom of Expression, Free Speech, National Security Law, Protected Speech, Unprotected Speech, Counter Terrorism, Terrorism, International Relations