Justifiability of State Surveillance of the Internet as E-Security Mechanism

The purpose of this paper is to investigate the legal justifiability of measures contained in state surveillance laws pertaining to the Internet. Prior to the terrorist attack on the United States of America (U.S.) on 11 September 2001, the concept ‘surveillance’ was nothing new and is indeed as old as human society. As far back as the sixteenth century the first central state surveillance appeared in Britain. The commercialization of the Internet and computer-related technology replaced the industrial society with an information-based society and contributed to globalization. The Internet brought about many advantages but at the same time unlocked several challenges unknown to the physical world. Internet-connected countries battle to control the flow of information across borders for the purpose of national security and law enforcement. State surveillance of the Internet is utilized in addressing the abuse of the Internet, such as the commission of organized crime and terrorism. The 9/11 terrorist attacks coupled with the effect of globalization reinforced and accelerated the use of technology-based surveillance which includes state surveillance of electronic communications in the U.S. Many countries have since followed suit and introduced legislation providing for state surveillance of Internet communications by means of interception, monitoring, data retention and decryption. The western world has always jealously guarded the protection of human rights, yet new technological and political developments often challenge the human rights culture. The exploitation of the Internet for the commission of serious crimes challenges countries to find ways of controlling cyberspace, whilst at the same time encouraging the continuous growth of the Internet, stimulating technological innovation and enjoying the benefits of the Internet.