UNCLASSIFIED U S Department of State Case No F-2014-04113 Doc No C05550515 Date 05 16 2014 RELEASED IN FULL ORIGIN 10-00 INFO LOG-00 EEB-00 AMAD-00 CIAE-00 INL-00 DODE-00 DOTE-00 PDI-00 DS-00 DHSE-00 01G0-00 E-00 FAAE-00 FBIE-00 UTED-00 VCI-00 FOE-00 FRB-00 TEDE-00 INR-00 JUSE-00 L-00 MFLO-00 MOFM-00 MOF-00 VCIE-00 NEA-00 DCP-00 NSAE-00 NSCE-00 01C-00 01G-00 NIMA-00 PA-00 PER-00 GIWI-00 P-00 SCT-00 DOHS-00 SP-00 IRM-00 SSO-00 SS-00 TRSE-00 ASDS-00 FMP-00 CBP-00 R-00 IIP-00 SCRS-00 DSCC-00 PRM-00 DRL-00 G-00 SAS-00 FA-00 000R 089049 SOURCE CBLEXCLS 005383 DRAFTED BY IO PSC CMFANCHER -- 08 19 2008 202-736-7734 APPROVED BY 10 BHOOK 10 FO EGOLDRICH - OK 10 PSC RMORAN - OK 10 UNP MGARUCKIS - OK S P DTWINING - OK P AREINEMEYER - OK D JCKELLEY - OK S CT RFALLON - OK NEA RA LGOTTLIEB - OK IIP CTCC TRECEVEUR - OK C96E6B 191738Z 38 P 191730Z AUG 08 FM SECSTATE WASHDC TO USMISSION USUN NEW YORK PRIORITY UNCLAS STATE 089049 E O 12958 N A TAGS PTER SUBJECT USUN INSTRUCTION U S INPUT FOR UN WORKING GROUP ON COUNTERING THE USE OF THE INTERNET FOR TERRORIST PURPOSES 1 This is an action request USUN is requested to please submit the U S response below to the UN CTITF Working Group on Countering the Use of the Internet for Terrorist Purposes 2 BEGIN TEXT U S Input for the UN CTITF Working Group on Countering the Use of the Internet for Terrorist Purposes Overview of U S perceived challenges posed by terrorist use of the internet Exploitation of the Internets various capabilities by terrorists has increased dramatically in recent years The Internet has facilitated al-Qa'ida s transition from a centrally-managed organization to a more diffuse movement while other terrorist insurgent and extremist groups have REVIEW AUTHORITY Martin McLean Senior Reviewer UNCLASSIFIED U S Department of State Case No F-2014-04113 Doc No C05550515 Date 05 16 2014 UNCLASSIFIED U S Department of State Case No F-2014-04113 Doc No C05550515 Date 05 16 2014 embraced the Internet as a key tool exploiting its relatively simple nature and widespread availability Many of the Internet's features are valuable to terrorist organizations the vast information available on the World Wide Web permits research on weapons tactics and potential targets a superior communications network facilitates information sharing among members propaganda dissemination indoctrination and training fundraising and radicalization of new or potential recruits The internet provides terrorists a means of conducting some of these activities clandestinely We assess that a key use of the Internet by terrorists involves email because it is a simple widely available vehicle for communicating Many terrorists employ a variety of methods to conceal their activities such as coded language that disguises the nature of the content or using public Internet cafes to hinder efforts to identify users An al-Qa ida training manual discovered in Afghanistan after the fall of the Taliban regime states using public sources openly available it is possible to gather at least 80 percent of all information required about the enemy We suspect that terrorists routinely use the Internet to gather intelligence on prospective targets and to gain insight into counterterrorism security measures that are in effect Many radical extremists who may turn to violence and terrorism are young educated men who are technologically savvy and thus probably proficient in mining data from the Internet They are also increasingly able to educate themselves and train others on terrorist weapons and tactics via the Internet--for example step-by-step instructions for making acetone peroxide the explosive used in the July 7 2005 London bombings and many other explosives and poisons can be found online Al-Qa'ida and its associated movements consistently use the Internet as a means of disseminating propaganda Al-Qa'ida in Iraq AQI has been particularly aggressive in this regard using the Internet to broadcast beheadings of hostages and to publicize videos showing attacks against United States and coalition forces in Iraq AQI's media wing also has become adept at memorializing suicide bombers and spreading radical ideology Al-Qa'ida's senior leaders also have increased their use of the Internet to broadcast propaganda such as deputy leader Ayman al-Zawahiri's audio and video messages--which are increasingly sophisticated and nearly professional in quality We have seen terrorists use multiple websites and online forums to post proclamations to mobilize followers and to recruit new members particularly following events they believe will generate support for their cause We observe spikes in online activity following highly publicized events like the publishing of cartoons that depicted the prophet UNCLASSIFIED U S Department of State Case No F-2014-04113 Doc No C05550515 Date 05 16 2014 UNCLASSIFIED U S Department of State Case No F-2014-04113 Doc No C05550515 Date 05 16 2014 Muhammad or military conflicts involving Muslims such as the 2006 conflict between Israel and Hizballah and the Iraq war We lack information to judge how effective these efforts have been but we believe that some individuals have been motivated to join radical extremist movements or provide money or other support to terrorist groups as a result of online efforts 1 Legal Measures aimed at criminalizing and policing the use of computer systems to carry out cyber attacks While no U S law explicitly defines or criminalizes cyberterrorism or the use of a computer system to carry out a terrorist attack a number of U S statutes can be used to investigate and prosecute the underlying criminal cyber conduct For example United States law prohibits accessing a computer system without authorization or in excess of authorization Commonly referred to as a hacking law this statute can be used to target perpetrators who among other things unlawfully access a computer to obtain national security information from the United States or who cause damage to a computer system which results in a special harm In the terrorism context that special harm may include the modification or impairment or potential modification or impairment of the medical examination diagnosis treatment or care of one or more individuals physical injury to any person a threat to public health or safety or damage affecting a computer system used by or for a government entity in furtherance of the administration of justice national defense or national security Moreover hacking activities can also fall under the federal crime of terrorism when national security information or one of the special harms enumerated above is present and the prohibited conduct is intended to influence or affect the conduct of the government by intimidation or coercion or to retaliate against government conduct Under those circumstances this computer-related conduct may be eligible for inclusion as a target offense in the material support statutes discussed below as well as subject to an extended statute of limitations In addition to the hacking law which would criminalize an actual terrorist cyber attack against the critical infrastructure other U S laws could be used to target terrorists engaged in cyber criminal activity Traditional laws targeting terrorist conduct like the U S law prohibiting conspiracy to kill kidnap maim or destroy property can be applied to terrorists using cyber methods to perpetrate their offenses But more broadly some other U S laws could be used to target the criminal cyber conduct of terrorists including laws criminalizing identity theft other computer-based fraud access device fraud wire fraud or the unlawful interception of communications as well as general laws criminalizing conspiracy and aiding and abetting UNCLASSIFIED U S Department of State Case No F-2014-04113 Doc No C05550515 Date 05 16 2014 UNCLASSIFIED U S Department of State Case No F-2014-04113 Doc No C05550515 Date 05 16 2014 Depending on the specific facts and circumstances these criminal laws and other civil and administrative non-criminal tools may be applicable to conduct that occurs on a protected computer system These laws could be used to prosecute the terrorist perpetrators of cyber-based attacks against the critical infrastructure or other criminal cyber attacks 2 Legal measures relevant to the issue of terrorist planning or the dissemination of terrorist content for example incitement to carry out terrorist attacks the propagation of terrorist training material or the seeking or transfer of funding for terrorism The content of Internet websites hosted in the United States is protected by the free speech guarantee of the First Amendment to the U S Constitution which provides that Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof or abridging the freedom of speech or of the press or the right of the people peaceably to assemble and to petition the Government for a redress of grievances U S Const Amend I The free speech guarantee of the First Amendment has been interpreted by the U S Supreme Court to extend to speech advocating illegal conduct and regulation of such speech is permissible only in narrow circumstances the constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless actions and is likely to incite or produce that action Speech that is tantamount to conduct however or that is simply the means of effecting conduct may be legitimately proscribed punished or regulated incidentally to the constitutional enforcement of generally applicable statutes A number of U S statutes criminalize speech-related conduct in certain circumstances including general laws criminalizing the solicitation to commit acts of violence conspiracy and aiding and abetting More specific laws forbid such acts as seditious conspiracy advocating the overthrow of the government conspiring within the jurisdiction of the United States to kill kidnap or maim any individual outside the United States or in a foreign country with which the United States is at peace teaching the manufacture or use of explosives destructive devices and weapons of mass destruction mailing material that incites murder assassination or arson and providing material support or resources to terrorists or to designated terrorist organizations The U S material support laws are broad-based charging statutes that provide an important vehicle for prosecuting terrorists' recruitment training and fundraising efforts which is sometimes conducted by terrorists online Material support or resources may include actions such as providing UNCLASSIFIED U S Department of State Case No F-2014-04113 Doc No C05550515 Date 05 16 2014 UNCLASSIFIED U S Department of State Case No F-2014-04113 Doc No C05550515 Date 05 16 2014 funding training expert advice or assistance personnel or providing communications equipment which could include ISPs and other web access or services among other things The material support provisions however either require proof that the defendant knew or intended that the support was to be used in the preparing or carrying out of a terrorist activity or proof that the defendant knowingly provided material support to a designated foreign terrorist organization regardless of whether the defendant knew that the support would be used for a terrorist activity Additionally U S law also prohibits certain financial transactions with certain designated foreign states or entities or individuals Depending on the specific facts and circumstances these criminal laws and other administrative non-criminal tools may be applicable to unlawful conduct that occurs on a U S website and could be used to close U S websites being used to facilitate criminal activity However any prosecution for speech-related conduct on the Internet would face significant First Amendment due process and other statutory challenges 3 Measures for protecting human rights online and ensuring the freedom of access to the internet in the context of attempts to combat terrorist use of the internet The United States strongly supports and defends freedom of expression and the free flow of information on the Internet Protecting free speech rights online and ensuring the freedom of access to the Internet are fundamental U S values embedded in our most basic laws and the First Amendment to the U S Constitution Only in narrow circumstances as described in our response to question two above may this right be legitimately proscribed punished or regulated 4 Projects aimed at exploring and researching the dimensions of the online terrorist threat The U S Government monitors publicly available material on the Internet The U S Government reads and reviews information posted on the Internet by both international and domestic terrorist groups consistent with U S law in order to properly protect the U S homeland against terrorist attack U S Government agencies and state and local law enforcement organizations have obtained valuable information on terrorist groups based in part on review of publicly-available information on terrorist websites Additionally Federal state and local law enforcement agencies may during the course of a criminal investigation read and gather information from websites that promote violations of U S law such as violent crimes money laundering or material support to terrorists The impetus for doing so often is an ongoing criminal investigation The U S Government may consistent with U S law review websites that promote violence or terrorism against U S UNCLASSIFIED U S Department of State Case No F-2014-04113 Doc No C05550515 Date 05 16 2014 UNCLASSIFIED U S Department of State Case No F-2014-04113 Doc No C05550515 Date 05 16 2014 citizens 5 Projects online or otherwise aimed at countering the ideology of terrorist groups that is propagated over the internet The U S Government reads and reviews information posted on the Internet by both international and domestic terrorist groups consistent with U S law Federal state and local legislatures and regulatory bodies that oversee the work of intelligence and law enforcement organizations ensure that organizations charged with monitoring terrorist websites are provided with appropriate resources and guidance Evidence shows that moderate voices can influence and counter radicalization and recruitment by helping to reverse the spread of extremist ideology We are committed to developing effective tools to better understand the motivations of those who join or support terrorist networks as well as the incentives and recruitment techniques employed by terrorists We employ all elements of U S national power including public diplomacy educational opportunities development initiatives and democracy-building programs to address the underlying social and economic conditions terrorists exploit and to counter extremist propaganda and recruiting Our public diplomacy work is guided by three strategic imperatives 1 to offer a positive vision of hope and opportunity rooted in the U S commitment to freedom and democracy 2 to promote the fundamental and universal rights of free speech and assembly the freedom to worship the rule of law and rights for women and minorities and 3 to isolate and marginalize violent extremists and undermine their efforts to exploit religion to rationalize their acts of terror We advance these strategic objectives by engaging foreign publics to explain and advocate American policies and ideology and to counter extremist rhetoric and disinformation coming from hostile groups The U S State Department maintains a public Identifying Misinformation website in English and Arabic devoted to countering false stories that appear in extremist and other web sources The site focuses on disinformation likely to end up in the mainstream media U S Embassies have used information from this site to counter disinformation in extremist print publications in Pakistan and other countries One article A Trio of Disinformers was the subject of a 1 100-word front-page article in an issue of the influential pan-Arab newspaper al-Sharq al-Awsat Identifying Misinformation is featured on the America gov website and is listed first of 17 6 million sites in a Google search for the term misinformation At least 49 websites have direct links to it The State Department's web page to explain U S counterterrorism policy is featured on http America gov The site is listed third out of 241 million sites in a Google search for the terms terrorism U S At least 133 websites UNCLASSIFIED U S Department of State Case No F-2014-04113 Doc No C05550515 Date 05 16 2014 UNCLASSIFIED U S Department of State Case No F-2014-04113 Doc No C05550515 Date 05 16 2014 link directly to it The Digital Outreach Team DOT is another U S State Department effort to explain U S policies and counter violent extremist ideology on the internet Beginning operations in November 2006 the team operates openly as part of the State Department and focuses its engagement with mainstream-not militant - sites The DOT has posted at least once on some 75-80 sites but concentrates on two dozen sites at present The team posts around 30-35 products a week of varying lengths one paragraph to several pages Weekly viewership of DOT materials can be measured in the thousands of persons or even much larger for the occasional on-the-air readings by BBC Arabic radio and television of DOT postings to the BBC website DOT materials are sometimes reproduced in print copies of newspapers The DOT responds to the generally hostile or skeptical reception it encounters online by relying heavily on facts and objective analysis It focuses arguments away from historical grievances towards shared values and a search for common ground in resolving current problems The DOT makes frequent reference to U S society its political system and values since misinformation about these areas is frequently transposed into misperceptions about U S foreign policy A key challenge faced in shaping DOT messages is distorted and widely held views of what motivates U S policies The Counterterrorism Communications Center CTCC was created in mid-2007 as an interagency center housed in the U S State Department reporting directly to the Under Secretary of State for Public Diplomacy and Public Affairs It was created to take the lead on international strategic communications for countering ideological support for terrorism within the Administration One of the CTCC deliverables is the development and distribution of counterterrorism Themes and Messages for the foreign policy defense and security communities The Themes and Messages product currently reaches more than 2000 subscribers including every Embassy Combat Commanders and associated State Department staffs and is used by communicators abroad and in Washington on various internet forums public engagements speeches newspaper opinion pieces and private discussions The CTCC has also launched Internet initiatives and digital outreach programs that take the fight to the terrorist information battleground through Arabic Persian and Urdu websites podcasts video production and distribution and other communication tools such as cell-phones and low-bandwidth video tools 6 Information sharing and online training projects for agencies involved in counterterrorism Federal state and local legislatures and regulatory bodies that oversee the work of intelligence and law enforcement organizations ensure that organizations charged with UNCLASSIFIED U S Department of State Case No F-2014-04113 Doc No C05550515 Date 05 16 2014 UNCLASSIFIED U S Department of State Case No F-2014-04113 Doc No CO5550515 Date 05 16 2014 monitoring terrorist websites are provided with appropriate resources and guidance Additionally the Federal government encourages an information sharing environment among Federal departments regarding terrorist use of the Internet Note This document represents a broad overview of USG efforts in countering the use of the Internet for terrorist purposes It is not all inclusive and does not include State and Local government efforts or other important civil society efforts http www whitehouse govinsc nsct 2006 nsct2006 pdf http www whitehouse gov pcipb cyberspace strategy pdf END TEXT 3 The Department appreciates the Mission's efforts RICE NNNN UNCLASSIFIED U S Department of State Case No F-2014-04113 Doc No CO5550515 Date 05 16 2014