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Comparative Study of Communication Restrictions on Crime of TERRORISM

Vol.2 (No.2) 2017
Author
admin
Date
2017-12-30 12:19
Views
50

Abstract


In recent years, the world has been emphasizing the role of intelligence agencies in the field of telecommunications aimed at strengthening the response to acts that threaten national security, such as the threat of inter-national terrorism.
In particular, crimes against national security such as espionage or terrorism are committed by the criminals who have been trained outside domestic territory, observing their own strict security regulations. For these reasons, investigations on communications conducted by criminals who attempt and direct is essential to investigation crime against national security.
Considering legislations on telecommunication restrictions in some advanced countries, the United Kingdoms has enacted the Investigatory Powers Act(IPA 2016) to counter threats to national security and serious crimes, allowing investigative agencies, security and intelligence agencies to monitor a large scale of surveillance.
The United States has implemented the CALEA, the Patriot Act, the FISA, and the ECPA, which are legally enforced by law.
It is necessary to revise the important part of the domestic communication confidentiality protection law against the crimes which threatens the national security by referring to the matters concerning the communication restriction law of major countries.
In the context of IoT communication, individuals, society, and the nation are linked to one fate community through the transmission and reception of packet data over the Internet. Also, telecommunications infrastructures are subject to territorial domination as tangible goods, it is necessary to understand national security as "the safekeeping of the nation as a whole".

Keyword:National Security, Terrorism, Investigations in Telecommunication, Investigatory Agency, Intelligence Agency
  • As Korea is changing into a multi-racial and multicultural society, the number of immigrants has exceeded two million people, making heterogeneous members in Korea society increase. The changes in Korean society are similar to those of the international migration phenomenon that occurs globally. The phenomenon that individuals of diverse nationalities leave their origin country affects the various institutions of origin and destination countries, playing a key role in social transformation. However, not everyone agrees with this change. There is also a movement to resist social change derived from international migration, which usually appears in the form of fundamentalism. In addition, social and economic instability is presented as a key link in the process of transforming this fundamentalism into violent extremism. It is argued that radicalization and violent extremism are root cause of recent terrorist attacks in Europe as a form of lone wolf terrorism. Even though political and religious motives are different from each case, it is remark-able to focus that radicalism and violent extremism are commonly observed in these cases as the underlying causes. Republic of Korea is not free from violent extremism spreading to Asia, making it urgent to homegrown terrorism and lone wolf terrorism. In order to prevent violent extremism, all aspects of social efforts are required. Therefore, it is appropriate to prevent violence from the economic, social and educational level as well as the law enforcement related to police activities. That is, the response to radicalism is characterized by a social and economic response to the improvement of the environment that promotes radicalization and the spread of violent extremism, in which not only the government but also religion, education, business, and civil society participate. In particular, it is pointed out that the social integration of social minority groups and vulnerable groups, which can be transformed into violent extremism with radicalism, is the most important. This article is an exploratory research for the prevention of violent extremism in the context of Korea Peninsula, reviewing on the explanatory models on violent extremism.
    Keyword:Radicalization, Violent Extremism, Terrorism, Counterterrorism, Countering Violent Extremism
  • In recent years, the world has been emphasizing the role of intelligence agencies in the field of telecommunications aimed at strengthening the response to acts that threaten national security, such as the threat of inter-national terrorism. In particular, crimes against national security such as espionage or terrorism are committed by the criminals who have been trained outside domestic territory, observing their own strict security regulations. For these reasons, investigations on communications conducted by criminals who attempt and direct is essential to investigation crime against national security. Considering legislations on telecommunication restrictions in some advanced countries, the United Kingdoms has enacted the Investigatory Powers Act(IPA 2016) to counter threats to national security and serious crimes, allowing investigative agencies, security and intelligence agencies to monitor a large scale of surveillance. The United States has implemented the CALEA, the Patriot Act, the FISA, and the ECPA, which are legally enforced by law. It is necessary to revise the important part of the domestic communication confidentiality protection law against the crimes which threatens the national security by referring to the matters concerning the communication restriction law of major countries. In the context of IoT communication, individuals, society, and the nation are linked to one fate community through the transmission and reception of packet data over the Internet. Also, telecommunications infrastructures are subject to territorial domination as tangible goods, it is necessary to understand national security as "the safekeeping of the nation as a whole".
    Keyword:National Security, Terrorism, Investigations in Telecommunication, Investigatory Agency, Intelligence Agency
  • Technological and economic development after the World War II promoted the increase of the free movement of goods, services and people, which led to globalization. Contrary to positive expectations for the globalization, it has brought negative side effects such as globalization of crime and international disorder by illegal subnational actors. The phenomenon of international disorder as a dysfunctional element in the process of globalization is expected to increase more rapidly in the future. One of these threats is transnational crime. Transnational crime refers to crimes related to two or more sovereign states, such as the subject, object, act, the benefit, and outcome of a crime. As these transnational crimes increase, closer cooperation with foreign countries is required for prevention, investigation, prosecution, trial and punishment of crime. However, it is questioned whether the traditional system of mutual legal assistance in criminal matters can be played as an effective countermeasure against transnational crimes becoming globalized and widened both quantitatively and qualitatively. Therefore, it is emphasized that the need to reorganize the existing system of mutual legal assistance in criminal matters to be effective. Based on these problems, the purpose of this study is to find ways to build international cooperation on police activities in Northeast Asia for transnational threats, focused on transnational crimes. Due to the various problems inherent in the traditional legal mutual assistance in criminal matters, actual cooperation on mutual legal assistance in criminal matters is not often achieved. Moreover, the new type of mutual legal assistance in criminal matters as bilateral treaties has not been joined in Northeast Asia, and cooperation through international criminal police organizations may concern about violation in human rights. Therefore, it is necessary to discuss how to prevent and suppress these crimes while promoting free movement of individuals and exchange and cooperation. In this article, one of these problematic situations was discussed the international cooperation plan of police activities and suggested the recommendations for improvement.
    Keyword:National Security, Transnational Threat Transnational C rime , Mutual Legal Assistance in Criminal Matters , National Security in Northeast Asia