Electronic Communication and Terrorism

How the Legal Regimes of the European Union and the United States Approach Islamic Terrorist Web Sites: A Comparative Analysis

Eight years after the 9/11 terrorist attacks it comes as no surprise that the Internet has become a tool of terrorism. In addition to using the Internet to spread propaganda and raise funds to support their cause, terrorists also use the Internet to recruit and train new members. What should come as a surprise, however, is that the U.S. government has failed to take any steps towards deterring terrorist recruitment and training online. In stark contrast, the European Union recently passed three laws targeted directly at online terrorist activity, including: (1) public provocation to commit a terrorist offense, (2) recruitment for terrorism, and (3) training for terrorism. This Comment compares how the legal regimes of the United States and the European Union differ in their approaches to online terrorist activity and suggests a new approach for the United States—one that balances increased action against creators and developers of terrorist Web sites with freedom of speech.