Рrospects for Criminalization of Cyberterrorism in Russia and Abroad

Abstract

The article analyses a foreign practice of the criminal legal measures for counteracting cyberterrorism. An analysis of the US Code chapter 18 1030(a)(5), amended by USA PATRIOT Act 2001 (a response to the terrorist attack of September 11, 2001), is presented. The substantial features of cyberthreats on the part of terrorist organizations, stated in annual threat assessments of the U.S. Intelligence Community, are marked out. The experience of the Western European countries in the field is also summarized. Particularly, the routine activity of the secret services and law-enforcement authorities which rarely involves the criminal responsibility. A special attention is drawn to the legal acts of the People's Republic of China which ground counteracting cyberterrorism on the general conception of the digital sovereignty. In PRC the measures of counteracting to modern cyberthreats are arranged in three main blocks: development of own technologies, ideological propaganda, state policy. As a result of technological progress the structure of terrorist organizations and the tactics of criminal actions are changed. The use of networking model has resulted in emergence of the "single person terrorists", multi-integration of various organizations, frequently committing their operations in distance one of another, self-radicalization as a key model of involving to the criminal activity,decentralization in management while lacking of the "command centres", making use of the blockchain in the financing model. The article also proposes general positions for the criminalization of the cyberterrorism in the Russian Federation. The recommendations for amendment of criminal legislation are made.