Terrorizing Students: The Perils, Challenges, and Rewards of Teaching about Terrorism

1. Terrorizing Students: The Perils, Challenges, and Rewards of Teaching about Terrorism Dr. Steve Hewitt Dept. of American and Canadian Studies

2. Introduction • unique UK environment for historical reasons but in present for legal reasons

3. The Positives (for both student and instructor) • relevance to the present • opportunity to understand current issues in an historical context • chance for students to learn that key concepts regularly discussed by politicians and media are not fixed • access to practitioners (not [yet] terrorists)

4. The Negatives • politicized topic and relevance to present creates potential for conflict, discord among students • the big one: possibility of arrest, conviction and imprisonment of students and/or lecturer

5. The Impact of UK Terrorism Law on Teaching Terrorism: Terrorism Act 2000 • S57 Possession for terrorist purposes. • (1)A person commits an offence if he possesses an article in circumstances which give rise to a reasonable suspicion that his possession is for a purpose connected with the commission, preparation or instigation of an act of terrorism. • (2)It is a defence for a person charged with an offence under this section to prove that his possession of the article was not for a purpose connected with the commission, preparation or instigation of an act of terrorism. • S58 Collection of information. • (1)A person commits an offence if— • (a)he collects or makes a record of information of a kind likely to be useful to a person committing or preparing an act of terrorism, or • (b)he possesses a document or record containing information of that kind. • (2)In this section “record” includes a photographic or electronic record. • (3)It is a defence for a person charged with an offence under this section to prove that he had a reasonable excuse for his action or possession.

6. Terrorism Act 2006 • S2 Dissemination of terrorist publications • (2)For the purposes of this section a person engages in conduct falling within this subsection if he— • (a)distributes or circulates a terrorist publication; • (b)gives, sells or lends such a publication; • (c)offers such a publication for sale or loan; • (d)provides a service to others that enables them to obtain, read, listen to or look at such a publication, or to acquire it by means of a gift, sale or loan; • (e)transmits the contents of such a publication electronically; or • (f)has such a publication in his possession with a view to its becoming the subject of conduct falling within any of paragraphs (a) to (e)…. • (9)In proceedings for an offence under this section against a person in respect of conduct to which subsection (10) applies, it is a defence for him to show— • (a)that the matter by reference to which the publication in question was a terrorist publication neither expressed his views nor had his endorsement (whether by virtue of section 3 or otherwise); and • (b)that it was clear, in all the circumstances of the conduct, that that matter did not express his views and (apart from the possibility of his having been given and failed to comply with a notice under subsection (3) of that section) did not have his endorsement.

7. The Nottingham Case (2008) Rizwaan Sabir • “There is no 'right' to access and research terrorist materials. Those who do so run the risk of being investigated and prosecuted on terrorism charges. Equally, there is no 'prohibition' on accessing terrorist materials for the purpose of research. Those who do so are likely to be able to offer a defence to charges (although they may be held in custody for some time while the matter is investigated). This is the law and applies to all universities.” • Then Nottingham Vice-Chancellor Sir Colin Campbell, July 2008, Times Higher Education Supplement

8. Scenarios that potentially involve arrest • For a class about the evolving nature of al-Qaeda, instructor downloads copies of AQ publication Inspire and makes available to students via VLE • UG or PG student in class working on an essay topic related to historical evolution of al-Qaeda makes copy of on-line materials, such as Inspire, to use as primary sources for paper • Both have likely contravened Terrorism Act 2000 and/or Terrorism Act 2006

9. The University of Birmingham: Guidance for Researchers… Research and anti-terrorism legislation • Researchers are advised to pay particular attention to the requirements of the Terrorism Act 2006 and other anti terrorism legislation, which gives the police extensive powers of detention and arrest. The University has a statutory obligation to notify the authorities where there is a suspected  breach of criminal law which will override any conflicting legal obligations of confidentiality, such as for example those arising from the Data Protection Act 1998 or arising from contractual provisions. • For their own protection, researchers who need to access material electronically which could potentially raise suspicion under the Terrorism Act should first arrange for their Head of College or School to write a formal letter to the Director of IT Services on University headed notepaper confirming their permission and explaining the justification for these activities in the interests of research.  The letter will be acknowledged and held on file for the protection of staff to prevent any misunderstandings in the event of subsequent police investigations.

10. The University of Birmingham: Guidance for Teachers and Students

11. Personal Protection: Notice in my syllabus • Important legal note: Under UK terrorism law (Terrorism Act 2000, s57, s58 and Terrorism Act 2006, s2) it could be a criminal offense to possess certain materials obtained from terrorist websites. The assessments and weekly seminar readings for this module do not require you to access illegal material. If you choose to access illegal material, neither the instructor nor the University of Birmingham will be in any way responsible for your actions or the consequences that result from them.

12. Conclusion • look but don’t touch (where you choose to look might also be important) • or don’t look at all