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The Role of Internal Affairs Agencies in
Efforts to Fight Terrorism Under
High-Technology Conditions
Oleg A. Stepanov *
Academy of Administration, Russian Ministry of Internal Affairs
The problem of the role of internal affairs agencies in the life of society and
the state today is insufficiently developed inasmuch as there is currently no gener-
ally accepted understanding of the concept of "internal affairs agencies." In the
draft law "On Internal Affairs Agencies," the author of the bill provides the fol-
lowing definition: "Internal affairs agencies represent a system of state agencies of
the Russian Federation that take countermeasures against illegal activities and
ensure public and individual security on the basis of provisions of the Constitution
of the Russian Federation and principles and norms of international law."
With this definition in mind, we may turn to one of the most complex as-
pects of the activities of internal affairs agencies, namely, that connected with
the problem of combating terrorism under conditions characterized by the devel-
opment of information-based high technologies. Within the scope of this prob-
lem, two pressing questions may be highlighted. The first concerns legal condi-
tions for countering high-tech-oriented manifestations of terrorism. The second
involves facilitation of the scientific-technical development of the country' s pop-
ulation in a way that is proper from a legal standpoint.
In considering these questions, it should be noted that in Moscow alone in
1999-2000, five cases of successful attacks against very important information
resources and potentially hazardous industries were detected and revealed. Mean-
while, the existing procedural and criminal legislation as well as the laws "On
the Militia" and "On Operational Search Activities" do not allow for effective
countermeasures against this phenomenon. Given conditions in the information-
* Translated from the Russian by Kelly Robbins.
61
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HIGH-IMPACT TERRORISM
based society, the text of at least six articles in the current Criminal-Procedural
Code of the Russian Federation should be changed to ensure that the rights of
citizens are guaranteed. Specifically, these include Articles 12, 69, 83, 84, 170,
and 174.
It is proposed that Part 2 of Article 12, "Sanctity of the Home, the Protection
of Personal Life, and Confidentiality of Correspondence," be amended as fol-
lows: "The personal lives of citizens and the confidentiality of correspondence,
telephone conversations, and telegraph messages are protected by law. Citizens
do not have the right to use communications channels, including telecommuni-
cations systems channels, for illegal purposes." The existing text would contin-
ue from there.
It is proposed that Part 1 of Article 69 be amended as follows: "Any factual
data, including information stored by machine, computer, or computer system or
network, may be used as evidence in a criminal case. On the basis of this infor-
mation, organs of inquiry, investigators, and courts by legally-established proce-
dures establish the existence or absence of socially dangerous actions and the
guilt of the individual who took such action and make determinations on other
circumstances having significance for the correct resolution of the case." The
existing text would continue from there.
Article 83, "Material Evidence," should be amended as follows: "Material
evidence is defined as objects that have served as tools of a crime, have retained
traces of a crime, or have been the objects of the criminal activities of the ac-
cused, such as money and other valuables earned by criminal means as well as
information stored by machine, computer, or computer system or network. Ma-
terial evidence also includes all other items, including printouts of computer
systems or network operation logs, that could serve as the means for uncovering
a crime, establishing the factual circumstances of the case, or revealing the guilty,
either in proving the truth of the accusation or in mitigating responsibility."
It is proposed that Part 1 of Article 84, "The Protection of Material Evi-
dence," be amended as follows: "Material evidence must be described in detail
in the inspection protocols and photographed if possible, or else transferred to
information storage media (paper, machine-based, etc.) in a way that precludes
the loss, intentional destruction, or modification of the information, including
that taken from computers and computer systems and networks. This informa-
tion shall be placed in the case file by special order of the individual conducting
the inquiry, investigator, or prosecutor or by determination of the court. Material
evidence must be preserved during the course of the criminal case." The exist-
ing text would continue from there.
It is proposed that Parts 2 and 3 of Article 170, "Procedures for Conducting
Seizures and Searches," be amended as follows: "In making a seizure, after
presenting the order the investigator requests that the items and documents sub-
ject to removal, including information stored by machine, computer, and com-
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TERRORISM AND THE LAW
63
puter systems and networks, be handed over. In the event this request is refused,
he makes a forced seizure.
"In conducting a search, after presenting the order the investigator requests
that the tools of the crime, items and valuables obtained by criminal means, and
any other items or documents having possible significance to the case, including
information stored by machine, computer, and computer systems and networks,
be handed over. If they are handed over voluntarily, and there are no grounds for
suspecting concealment of the target items, documents, and information stored
by machine, computer, and computer systems and networks, the investigator has
the right to limit himself to taking the items handed over and not making further
searches." The existing text would continue from there.
Part 2 of Article 174, "The Seizure of Postal and Telegraphic Correspon-
dence," should be amended as follows: "When it is necessary to intercept corre-
spondence for the purpose of its review and seizure, the investigator shall submit
an order providing justification. After authorization of the above order by the
prosecutor or judge, the investigator forwards the order to the appropriate postal
or telegraphic institution or to the organizations providing telecommunications
services. He requests that correspondence be intercepted and provides informa-
tion on the time of his arrival to review and seize the intercepted correspon-
dence. The review and seizure are conducted in the presence of witnesses select-
ed from among staff members at the postal-telegraphic institution or organization
providing telecommunications services. The investigator has the right to call on
the assistance of an appropriate specialist to participate when necessary in carry-
ing out the seizure of postal or telegraphic correspondence or information from
the electronic mail system." The existing text would continue from there.
Institution of all the above-proposed changes would facilitate the creation of
a mechanism by which internal affairs agencies could combat acts of high-tech
terrorism.
In this regard, it is important to focus attention on the need to make corre-
sponding changes and additions in Articles 78 (Evidence), 85 (Material Evi-
dence), 86 (Storage of Material Evidence), 185 (Procedures for Conducting
Searches and Seizures), and 188 (Interception, Review, and Seizure of Postal
and Telegraphic Correspondence) of the draft of the new Criminal-Procedural
Code of the Russian Federation, which is currently being developed by the Leg-
islation Committee of the State Duma of the Russian Federation.
In addition to the items noted above, a Part 8 with the following wording
should also be added to Article 5 of the Federal Law "On the Militia:" "The
storage of personal data in electronic form, as well as the giving of instructions
to militia personnel to conduct automated processing of name-identified data, is
carried out according to procedures established by legislation of the Russian
Federation."
From the above-outlined standpoint on the problem of combating crimes of
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HIGH-IMPACT TERRORISM
a terrorist nature, certain additions are also required in Chapter 28 of the Crimi-
nal Code of the Russian Federation, "Crimes in the Field of Computer Informa-
tion." Specifically, Part 1 of Article 272 of the Criminal Code should be amend-
ed as follows: "Access to legally protected computer information that is,
information stored on machine, computer, or computer systems or networks-
shall be considered unlawful if it results in the destruction, blocking, modifica-
tion, or copying of information, disruption of the operation of computers or
computer systems and networks, or even if it results in the disclosure of legally
protected computer information...." The existing text would continue from
there.
Part 1 of Article 274 of the Criminal Code should be amended as follows:
"Violation of the rules for operation of computers or computer systems or net-
works by persons having access to computers or computer systems or networks
that result in (1) the destruction, blocking, or modification of legally protected
information; (2) the blocking of access to computers or computer network re-
sources; or (3) the disabling of computer security systems, if any such actions
have caused significant damage...." The existing text would continue from
there.
Article 6 of the Federal Law "On Operational Search Activities" sets forth a
list of operational search measures. In the interests of bringing it into accordance
with fundamental principles for combating terrorism, an additional point should
furthermore be inserted to allow agencies engaged in such activities to decode
encrypted electronic information. This also requires the amendment of Part 6 of
Article 8 of the above-mentioned law: "The conduct of operational tests, the
decoding of encrypted electronic information . . ." and so on as in the current text.
The above-proposed changes will make it possible to bring the Federal Laws
"On the Militia" and "On Operational Search Activities" and criminal and proce-
dural legislation into accordance with the Federal Law "On Combating Terror-
ism." In addition, they will ensure the possibility of effective actions on the part
of internal affairs agencies in the near term.
In connection with the problem under discussion, it must be noted that along
with the development of computer technologies, genetic engineering and nano-
technologies provided society with more questions than answers in the last quar-
ter of the twentieth century.
For instance, research on artificial intelligence and associated control proce-
dures is being conducted at the University of Reading (Great Britain). Robots are
being created that are capable of learning, interacting with one another, and
reprogramming themselves independently. The main goal of the designers comes
down to linking the human brain with the "brain" of the computer.
At U.S. universities such as Harvard, the University of California, and
Princeton, research is being done on deciphering the codes of the nervous system
in the aim of creating acceptable interfaces with the human brain. Furthermore,
with the patronage of Congress and the White House, work is under way to devel-
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TERRORISM AND THE LAW
65
op biotechnical systems comparable in size to atoms and molecules that possess
logic and the capability of self-reproduction. The development of such technolo-
gies could lead to the creation of previously unknown forms of artificial life,
cultivated by man for the supposed benefit of mankind. However, along with the
development of nanosystems aimed at previously discovered cancer cells in the
human body or the delivery of medicinal preparations to an ailing organ, experi-
ments are also being conducted to collect the simplest mechanisms from mole-
cules. These mechanisms, guided by internal signals, must manipulate other mole-
cules and create more complex mechanisms, even including biorobots.
In this regard, it is also appropriate to cite a statement by a top Pentagon
official: "We are approaching a level of development where no one is a soldier,
but everyone is a participant in military actions. The task now is not to destroy
living forces, but rather to undermine the goals, views, and outlooks of the pop-
ulation to destroy the society."
It is not by chance that I have cited these words, inasmuch as there have
been reports in the media recently to the effect that the AIDS virus was also
artificially created. According to these reports, it was developed in closed U.S.
military laboratories, and as a result of an unsanctioned leak the virus spread
around the planet.
High-tech inventions facilitate accurate diagnoses and the regulation of the
mental and physical status of individuals, yet they also make it possible to evoke
psychophysiological distress as a result of news of the latest research lab leak.
There are no guarantees today that these inventions will not end up in the hands
of terrorists of various types. Here it should be noted that the consequences of
such a leak could be comparable to the results that would ensue if terrorists were
to get their hands on a weapon of mass destruction.
For instance, U.S. laboratories are developing nanomechanisms the size of
bees or even ants that can carry out any programmed functions from eavesdrop-
ping to shutting down electrical lines in response to commands transmitted from
satellites or submarines.
There is also another point that cannot help but cause concern. The develop-
ment of high-level computer technologies is at times linked with the relative
simplicity and accessibility of preparing the means for possible terrorist actions.
For example, one American inventor came up with the idea of an anticomputer
cannon a device that could disable computers, vehicles, medical equipment,
and any other electronic devices from some distance away. The entire invention
consists of a parabolic reflector, a horn-shaped antenna, and two automobile
ignition coils, and it costs less than one hundred dollars. The cannon creates in
its antenna a 20-MW burst of chaotic radio noise that is sufficient to change the
normal operation of microcircuits. The impulse does not ruin a computer, but
rather "freezes it up." The use of this device can produce chaos in electronic
transactions systems, including in operation of integrated databases, a most valu-
able resource for internal affairs agencies.
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HIGH-IMPACT TERRORISM
It is completely possible to state that problems related to combating terror-
ism in the high-tech sphere are among the most complex and little studied issues
today. It is also an indisputable fact that an effective struggle against manifesta-
tions of high-tech terrorism is possible only with the establishment of interna-
tional coordination of the activities of law enforcement agencies. And if the first
step in the right direction lies in gaining a clearer understanding of problems
related to preventing the use of high-tech developments by terrorists, then the
second step must lie in creating a mechanism that would make it possible to
prevent the spread of terrorist acts of this nature.
In my opinion, at least two stages can be defined in the construction of such a
mechanism. The first stage must be tied to the development of guiding legal princi-
ples providing for the prevention of high-tech terrorism. At this stage, the possibil-
ity of criminal punishment for the illegal development, distribution, and use of bio-
and psycho-computer systems should also be stipulated in national legislation.
Furthermore, concerning Russia, we could also discuss the insertion of the appro-
priate corrections in the law "On Combating Terrorism." In particular, the concept
of "informational-electronic space" should be added to Article 3 of this law, which
presents a list of objects included in the sphere for conducting counterterrorist
operations. It would also be expedient to make the corresponding addition to Arti-
cle 1 of the European Convention on the Suppression of Terrorism (1977~.
The second stage of the above-mentioned mechanism is connected with
developing a control and monitoring format that facilitates effective implemen-
tation of the first stage.
In particular, in carrying out this second stage, the Russian Ministry of
Internal Affairs faces the problem of how it should efficiently focus its organiza-
tional development in the future. Even today, one must raise the question of
creating within the Ministry of Internal Affairs structure a special control-
analytical agency that would monitor the spread of bio- and psycho-information
technologies in Russia and prevent cases of high-tech terrorism. This unit should
focus special attention on participation in the development (in cooperation with
foreign partners) of approaches to combating terrorist manifestations in the high-
tech sphere. It should also be involved in the exchange of experience and infor-
mation on ways of countering the most dangerous types of criminal activity.
The effectiveness of the work of the above-mentioned unit will be substan-
tially greater if the appropriate interactions are established with such organiza-
tions as the Russian Foreign Intelligence Service (SVR) and the Federal Security
Service (FSB).
A consideration of the problem of combating high-tech terrorism also pre-
supposes recognition by the country's population of the consequences of the
increased role of information technology in the life of society. The results of a
survey conducted by the author of this paper in the city of Moscow speak to this
fact. Specifically, the following results were obtained regarding a problem that is
not directly linked with cases of high-tech terrorism but is to a certain degree
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TERRORISM AND THE LAW
67
characteristic of the level of legal consciousness among citizens. For instance,
among survey respondents who were employees of organizations involved in
computer hardware sales, a majority had a negative attitude toward the activities
of the Microsoft branch office in Russia aimed at protecting the company's
interests in the computer software market. In particular, about 90 percent of the
respondents believed that Microsoft's activities are of the unceremonious nature
of a monopolist dictating his own rules of the game. However, for some reason,
no attention is paid to the fact that when selling licensed software, both the
company representatives and the local dealer companies pay significant sums of
money to the state in the form of taxes. When pirated software products are
distributed, the state not only loses such an opportunity, but also in essence
promotes the legalization of illegal actions in the high-tech sphere of societal
activities. It is a well-known fact that terrorist manifestations become character-
istic of those individuals who have previously gotten a taste for impunity. In the
course of the survey, it was also established that approximately 30 percent of
firms and organizations in this field of business have no interest in receiving
information of a regulatory, legal, operational, or analytical character from law
enforcement agencies through the agency for distribution of legal and criminal
information that was recently created under the auspices of the joint publishing
house of the Russian Ministry of Internal Affairs. Meanwhile, more 70 percent
of respondents expressed their readiness to ensure the security of their own
businesses (against racketeering, extortion, corruption, et cetera) over a network
resource (the Internet) by means of establishing contacts with law enforcement
agencies. Such figures should spur internal affairs agencies to step up activities
in this direction, which could be viewed as promising in the sphere of preventing
terrorism under information-based high-tech conditions.
In this regard, within the scope of this bilateral Russian-American seminar it
is also of some interest to focus attention on the assessment made by internal
affairs agency personnel of the abstract situation regarding criminal phenome-
na linked with the rising role of information technologies in the life of society.
In response to a question concerning resolution of a case demanding a high
degree of professionalism and restraint and offering opportunities for showing
initiative in gaps in legislation, a case that is also contradictory and affects the
lives of individuals, 45 percent of respondents (internal affairs agency person-
nel) chose the following behavior: do everything according to justice, both de
jure and de facto. Furthermore, they felt that actions taken must not be hasty
and must not transgress legal bounds. Another 20 percent preferred a skillful
combination of the spirit and letter of the law in this situation, along with a
striving to improve the legislation. Between 5 and 10 percent of the respon-
dents preferred a flexible combination of the letter and spirit of the law in this
case, without regard to conditions for implementing principles of humanity,
justice, legality, and openness and without considering the need for the case to
move through all of the procedural formalities, not to mention the sense of the
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HIGH-IMPACT TERRORISM
unusualness of the factual content of legal relations. About the same percentage
of respondents preferred to hide behind the law and observe it to the letter, being
guided by considerations of their own personal benefit. Only 10 percent of the
respondents expressed readiness to do anything to achieve a just outcome in the
case, even to the point of exceeding the bounds of their authority and placing
themselves in a difficult position.
In conclusion, it should be noted that it is very urgent and timely to analyze
the problems of countering terrorism under high-tech conditions, with internal
affairs agencies being among the key actors in this countering effort. Such an
analysis will also promote overall improvement of the legislative base and will
increase the effectiveness of the activities of the Russian Internal Affairs Minis-
try system as information technology becomes ever more important in society.
This all takes on special significance as the international information space con-
tinues to expand. The problems that might arise as part of this process can at
times take on the most unexpected forms. One example of this is the attempt to
bring two Chelyabinsk hackers to punishment in the United States after the
Federal Bureau of Investigation conducted an operation to lure them out of
Russia. In the current situation, Russian and U.S. law enforcement agencies, as
the main actors in countering terrorism, are called upon to improve the proce-
dures and methods of their work under high-tech conditions. They must not
allow events to develop along "Chelyabinsk" lines, a situation that has given rise
to a number of questions of a legal and moral-ethical nature in relations between
the United States and Russia.
Representative terms from entire chapter:
affairs agencies
