La règlementation des contenus illicites circulant sur le reseau internet en droit comparé

B) Infringements against national safety : terrorist acts

Terrorism is a complex phenomenon which revêt various forms^92(*). It can go from the individual assassination to collective terror, of ideological writings to data-processing espionage, the virus to data-processing sabotage. It develops in a nowadays fulgurating way and a way increasingly more complicated and required. Indeed, the data-processing hacking had involved mainly only financial damage. Since the events of September 11, 2001, it is to be feared a new form of terrorism aiming at damaging the networks and the infrastructures of carried out communication of coordination with attacks of the physical type^93(*). The war will be carried out from now on by disorganizing the communications by means of virus, of logic bombs destroying the data of the computers adversaries. This new terrorism already started to prove reliable. Indeed, of the American data-processing pirates devastated a whole Internet site opened by the Chinese authorities in order to promote their policy relating to the humans right. They replaced the banner page by a text entitled : « Boycott China »^94(*). Another more famous and destroying example is that of the virus « I Coil You » which, as from May 4, 2000, penetrated of the million computers while being propagated everywhere on planet. This virus, particularly virulent, had been conceived by one « hacker » Filipino, studying in data processing. Sometimes, of the individuals being apart from any terrorist organization, receipts of explosives and machines flamers publish, in free access on the network. Everyone can also consult the Handbook of the terrorist and manufacture an artisanal bomb of strong power^95(*). It is with this kind of misdeeds that it will be necessary from now on to sail daily on the network.

The countries, as a whole, took with serious the this fight against terrorism by consolidating the national legal arsenals. France considers, for example, that the fight against the financing of terrorism revêt a priority character. Thus it obtained on November 15 2001 a Law on the daily safety^96(*) which treats in its chapter V of the provisions reinforcing the fight against terrorism. It is article 22, modified on March 19, 2003, which states the need for thwarting and for fighting more effectively the terrorist threats even on Internet network. This Law came to supplement the Law relating to the fight against terrorism^97(*) dating from September 9, 1986. Canada also has its antiterrorist Law^98(*). They are only particular laws here. In general, it is once again the French Penal code and the Canadian criminal Code which will apply on the matter. The provisions which regulate terrorism are articles 421-1 and following for the right French and articles 83.01 and following for the Canadian right. In both cases, a definition of terrorism is given but certain nuances must be made. Indeed, the term « terrorist act » is employed by the French legislation whereas they are the expressions « terrorist activity » and « group terrorist » which is used in the Canadian legislation. The approach is different but the finality is the same one.

Europe also has legal instruments to fight against terrorism. The Council of Europe worked out on January 27, 1977, European Convention on the repression of terrorism shows Strasbourg. It is supplemented by a Project of bearing Protocol amendment to European Convention for the repression of terrorism^99(*).

However, to suppress terrorism effectively, the international co-operation seems the only true solution^100(*). Many International Conventions on the antiterrorist fight were implemented. One of the last, dating from December 8, 1999, is entitled International Convention for the repression of the financing of terrorism^101(*). Canada and France signed it^102(*) but still did not ratify it. There is also a Convention of the United Nations against organized transnational criminality^103(*) and three protocols against clandestine immigration, the traffic of the people and finally, the traffic of the weapons with fire.

Other international texts were worked out by the States in order to frame certain deviances in the opposition, this time, people considered as vulnerable. Indeed, Internet network became captivating media and sometimes even educational for a good number of children and teenagers who y « surfent ». Nevertheless, it should not be forgotten that the network is also a place of deviance where côtoient themselves for example, of the pornographic sites and pedophilia. The latter can harm to the minors more particularly. This is why we will treat specific infringements against the minors.

* ⁹² For more information, to see Philippe JOUGLEUX, criminality in the cyberspace, Memory of Right DEA of the Media, Aix-Marseilles, Faculty of Law and political science, University of right, saving and sciences in Aix-Marseilles, 1999.

* ⁹³ L. YAGIL, COp cit., note 42, p.8.

* ⁹⁴ Id., p. 56.

* ⁹⁵ Daniel MARTIN and Frederic-Paul MARTIN, Cybercrime  : threats, vulnerabilities and responses, Paris, university Presses of France, 2001, p.69.  ; R.C. Lavoie [2000] J.Q No 468  ; Q.J. (Quicklaw) n°468, (Court of Quebec).

* ⁹⁶ Law n°2001-1062 of November 15, 2001 on daily safety, OJ n°266 November 16, 2001, p. 18215.

* ⁹⁷ Law n° 86-1020 relating to the fight against terrorism, on line on  : Legifrance < http://www.legifrance.gouv.fr > (site visited on March 13, 2004).

* ⁹⁸ Antiterrorist law, S.R.C 2001, c.41.

* ⁹⁹ Project approved by the multidisciplinary Group on the international action against terrorism (GMT) with its 6th meeting (Strasbourg, December 11-13, 2002) and by the Committee of the ministers on the level of the Delegates to their 828e meeting (Strasbourg, February 13, 2003).

* ¹⁰⁰ SERVICECANADIENDURENSEIGNEMENTDESECURITY, n°2000 Ratio/04 international Terrorism  : threaten for Canada, Ottawa, coll Prospects, 2000.

* ¹⁰¹ International Convention for the repression of the financing of terrorism, December 8, 1999, on line on  : France-diplomacy < http://www.france.diplomatie.fr/actual/dossiers/terroris/convention.html > (site visited on March 13, 2004).

* ¹⁰² France signed on January 10, 2000 and Canada, February 10, 2000.

* ¹⁰³ Adopted in New York on November 15, 2000. France signed Convention on December 12  2000 and ratified by the Law n°2002-1040 of 6 August 2002 authorizing the ratification of the convention of the United Nations against organized transnational criminality, published with the OJ n°183 of August 7, 2002. Canada signed Convention and its protocols on the illicit traffic of migrants and the draft of people in Palermo, in Italy, December 14, 2000, and it ratified it on May 14, 2002.