COMMITTEE OF EXPERTS ON TERRORISM (CODEXTER) CYBERTERRORISM – THE USE OF THE INTERNET FOR Kapitel 1 TERRORIST PURPOSES NETHERLANDS April 2007 www.coe.int/gmt A. National policy 1. Is there a national policy regarding the analysis, detection, prosecution and prevention of cybercrime in general and the misuse of cyberspace for terrorist purposes in particular? If yes, please briefly describe it. The Netherlands does have a national policy in order to combat cybercrime. The public prosecutor is responsible for the investigation and prosecution policy. The ministries of Justice, Economic Affairs and Home Affairs are establishing a national cybercrime infrastructure in order to create measures, together with the private sector, to prevent cybercrime. The National Coordinator for Counter-Terrorism coordinates the approach to combating the use of the Internet for terrorist purposes, together with the national prosecutor’s office, the police and intelligence agencies. This approach contains different initiatives, such as monitoring the Internet, the establishment of a national reporting centre and the creation of mechanisms to remove criminal statements and information from the Internet. B. Legal framework 2. Does your national legislation criminalize the misuse of cyberspace for terrorist purposes, and a. are these offences specifically defined with regard to the terrorist nature or technical means of committing the crime (e.g. cyberterrorism), or b. is the misuse covered by other, non-specific criminal offences? How are these offences defined and which sanctions (criminal, administrative, civil) are attached? The misuse of cyberspace for terrorist purposes is criminalized in an indirect manner. The common penal law criminalizes terrorist activities; if they are executed in cyberspace, the specific cybercrime legislation (recently updated to implement the cybercrime convention) can be applied. 3. Do you plan to introduce new legislation to counter terrorist misuse of cyberspace? What are the basic concepts of these legislative initiatives? No. 4. What are the existing national practices in the field of detecting, monitoring and closing down websites used for terrorist purposes? The common approach for any cybercrime (e.g. child pornography, racism, terrorism) is to have a central point for notification of websites with an illegal nature. Once notified, Internet-providers are asked to (voluntarily) close down those sites. There is a legal provision to oblige Internet-providers to make illegal information inaccessible, but it has not been necessary to use it so far. For further information please see the Country profiles on counter-terrorism capacity at www.coe.int/gmt. Pour plus de renseignements, veuillez consulter les Profils nationaux sur la capacité de lutte contre le terrorisme: www.coe.int/gmt. 2 5. Does your national legislation provide criteria for establishing jurisdiction over such offences? What are those criteria? Jurisdiction is established over all offences committed on Dutch territory and over specific terrorist or cybercrime offences committed outside Dutch territory against Dutch citizens or Dutch (governmental) institutions. 6. Does your national legal system establish ancillary offences related to the misuse of cyberspace? There is a general provision in the penal code to criminalize ancillary activities which can also be applied in cases of misuse of cyberspace. 7. What kind of national procedures do you have for submitting an application on the activities of Internet-providers and/or hosting companies, to deprive a user from a domain name or to cancel his/her/its registration or licence? There is no provision to deprive a user from a domain name or to cancel his/her registration, but there is a penal provision to oblige Internet-providers to remove or make inaccesable websites with an illegal nature. 8. What non-legislative measures do your have in your country to prevent and counter terrorist misuse of cyberspace, including self-regulatory measures? There is a central point to notify illegal websites to internet-providers. C. International co-operation 9. Please describe the general framework for international co-operation regarding the misuse of cyberspace for terrorist purposes. The Netherlands is participating in a European initiative for co-operation in the field of Internet monitoring. This is an initiative by the German Presidency. The goal of this “Check the Web project” is to enhance European co-operation and exchanges of information concerning the results of (national) Internet research. The project is open to participation by all EU member states. The Netherlands is an active member of the project and is also participating in a sub-project that focuses on co-operation and research in a defined sub-area. The Netherlands is in favour of increased international co-operation since it may provide countries with a better view of the scope of terrorist use of the Internet. This in turn may contribute to the formulation and appliance of policy measures to counter the threat emanating from the Internet. 10. What are the existing practices and experiences with regard to international co- operation, in particular in relation to the procedures described in question 4? On the basis of a request for international legal assistance, the Netherlands can require the legal assistance of various countries. The police services and prosecution office can do so on a number of occasions listed in the bilateral agreements for international legal assistance. Such requests are mainly related to criminal investigations and prosecutorial activities. Regarding monitoring activities, the Netherlands is involved in bilateral and European exchanges of research results. 3 D. Institutional framework 11. Please list the institutions that are competent for countering terrorist misuse of cyberspace. The institutions involved are: The National Police Agency - Unit against Terrorism and Activism The National Police Agency - High Tech Crime Team The National Prosecutor’s Office The General Intelligence and Security Agency 12. Are there any partnerships between the public and private sectors (Internet-service providers, hosting companies, etc.) to counter terrorist misuse of cyberspace? Partnerships between investigation agencies and telecom providers and Internet service providers do exist. These partnerships not only concern combating the terrorist misuse of the Internet, but the misuse of the Internet in general (cybercrime). At present a procedure is being developed in order to remove terrorist statements and information from the Internet with the help of Internet service providers on a voluntary base. E. Statistical information 13. Please provide relevant statistics on offences relating to the misuse of cyberspace for terrorist purposes (including possibly: cases recorded, investigated, brought to court, convictions, victims etc.). and 14. Where possible, please describe briefly the profile of offenders typically involved in the misuse of cyberspace for terrorist purposes (professional background, gender, age, nationality), and possible typical organisational characteristics, including trans- national links and links to other forms of organized crime. Relevant statistics are not available, mainly because it is practically impossible to separate “Internet-offenders” from terrorist-related offenders In a recent in-depth study “Jihadis and the Internet”, the following findings were presented based on the analysis of Jihadism on the Dutch Internet: 1. Dutch jihadis have hitherto focused primarily on organising, offering and circulating jihadi information and materials. This information is primarily for propaganda purposes, but is also to some extent focused on training. 2. Many sites offer the facility of interaction between jihadis and a wide and varied public of interested parties, as well as between jihadis themselves. It is not just fully targeted and customised information that can be exchanged with interested parties, based on specific issues or current events, but this can also lead to the formation of virtual networks, or else the recruitment of those who are truly interested in the jihad battle. 3. Virtual Jihadism on the Dutch Internet may be a pointer towards real-life jihadis in the Netherlands. 4. Dutch virtual jihadis take inspiration from an international, virtual translation program, and they primarily translate material taken from the range of "pre-selected" material made available by others. 5. Young Muslim women are very active as translators, in the development of sites and in dealing with the public. 6. Dutch virtual jihadis operate either on a structural basis or sporadically on a variety of neutral discussion forums of a non-jihadi nature. The jihadi message reaches a much wider audience, with new possibilities for growth, but with a more limited risk of intervention by Government. The Netherlands deals primarily with “homegrown” terrorists and radicalization within the group of second generation immigrants, especially from Northern Africa.