Abstract: In response to the perceived threat of “cyberterrorism”, authorities in China and England & Wales(E&W) have not defined specific anti-cyberterrorism laws. Rather, they have relied on existing anti-terrorism legislation to combat this same transnational problem, leaving the legal definition of cyberterrorism ill-defined and open to significant interpretation. In turn, this is a significant indicator of convergence in legal responses to cross-jurisdictional threats, even in legal systems as different as those in China and E&W. Therefore, this article aims to comprehensively analyse and compare how these two jurisdictions apply existing legal approaches to combat cyberterrorism, with reference to basic criminal principles.
On closer analysis, there are a number of key similarities in their approaches, which lend support to the development and emergence of a common definition of what constitutes cyberterrorism at the international and transnational levels, as well as more rigorous and effective counter-terrorism laws and policies within and across States. Furthermore, these convergences will be of great benefit to China, especially when it comes to involve in international or regional cooperation against cyberterrorism.
Keywords: comparative; legal response; cyberterrorism; convergence; England & Wales; China