Digital Infrastructure of Terrorism: A Strategy for Criminal Law Counteraction

Abstract

The paper is devoted to the problem of criminal law counteraction to activities related to the digital infrastructure of terrorism, which has been insufficiently developed in the theory of criminal law. The author formulates the concept of such an infrastructure, highlights its elements. The paper argues for the need for a fundamental separation of such categories as cyberterrorism and the digital infrastructure of terrorism. Based on the concept of proactive crime prevention, the author proposes specific measures aimed at establishing responsibility for actions related to the support of the digital infrastructure of terrorism. The author makes the following proposals: 1) developing a mechanism for deciding that the activities of a foreign or international organization are related to the support of terrorism; 2) establishing criminal liability for participation in activities, as well as for establishing or maintaining cooperation with a foreign or international organization in respect of which a decision has been made to recognize its activities aimed at supporting terrorism.