Comparative Study of the Legal Basis for Counter-Terrorism Activities in Major Countries

Today, Counter-terrorism activities against extremist security forces are actively being carried out in cyberspace, and the nature of terrorist attacks is highly specialized and fatal. Therefore, it is necessary to stipulate special procedures different from general criminal offenses, and it is also important to prioritize protection of national legal interests related to national security. However, judicial control functions are also an important part in order to perform the dual function of protecting and restricting the fundamental rights of the state. There are various laws related to communication restriction measures of major countries related to counter-terrorism activities in online spaces. In principle, the judgment of the judiciary is required in order to provide personal information such as communication data to the national intelligence and investigative agencies between communication data and communication fact confirmation data. However, most countries actively consider potential and abstract risks for crimes that infringe national legal interests, such as terrorism or crimes that threaten national security. And they implement legal policies that emphasize the importance of the role and function of law enforcement agencies.