Foundations and Limits for the Criminalization of Preparatory Online Communication (C-POC)

The internet has revolutionized communication, offering vast opportunities for knowledge exchange and collaboration. However, its anonymity also makes it a tool for criminal activity. Crimes such as insults, stalking, and sexual offenses are facilitated or even prepared online. Terrorism, mass shootings, and incitement to suicide are examples of offenses where online communication plays a significant role. Although research on the impact of online communication on offline crime is limited, evidence suggests that it influences criminal behavior, particularly in radicalization processes.

Traditional laws, designed for face-to-face interaction, often fall short in addressing the unique risks of online communication. For instance, in Germany's Zauberwald case, the court ruled that an agreement to commit a crime online was not enforceable because the offenders used pseudonyms. Such cases raise questions about the adequacy of current laws. Recent legislative responses, such as Germany’s § 176e StGB, aim to address these gaps, but many legal approaches are ad hoc, lacking a coherent theoretical foundation. Criminalizing preparatory online communication requires careful consideration to avoid overreach and unintended consequences, such as further radicalization.

The conference, held at Greifswald University from 10–12 October 2024, aimed to explore the risks and legal challenges of preparatory acts committed through online communication. It gathered experts from various fields to initiate an interdisciplinary discussion. The focus was on three key questions:

1. What is dangerous preparatory online communication, and how can it foster criminal acts? (empirical)
2. What are the limitations on criminalizing such acts? (dogmatic)
3. How do different European countries address these issues? (comparative)

The conference featured presentations, discussions, and comparative case studies. Experts from criminology, law, and related fields examined how criminal law can respond to the dangers posed by preparatory online communication. Depending on the outcome, the organizers plan to pursue a larger research project to develop proposals for amending German criminal law.

Conference Program (10–12 October 2024)

Empirical Pillar 

• Amina Hoppe, The Preparation of Crimes by Online Communication – A Cyber Criminological Perspective
• Ursula Schmid, Deviant and Extremist Group Communication Online – The Current State of Research in Media and Social Psychology
• Nadine Jukschat, Critical Criminological Thoughts on Deviant and Extremist Online Communication
• Maria Fritzsche, The Linguistics of Deviant and Extremist Online Communication

Dogmatic Pillar

• Daria Bayer, The Philosophical Foundations of a Criminalization of Online Communication
• Irene Couzigou, Criminalizing Online Preparatory Acts – An International Law Perspective
• Anneke Petzsche, Constitutional and Human Rights Limits to the Criminalisation of Online Communications
• Jens Puschke, Pre-dating Criminal Liability – Objectives and Limits

Comparative Pillar

• Presentation of Cases (Lea Eßer / Thea Schäfer)
• Discussion of Cases in Working Groups
• Presentation and Discussion of the Results
• Summary – Conclusion – Outlook (Stefanie Bock / Stefan Harrendorf)

This interdisciplinary workshop involved 20 participants and included working groups that analyzed case studies from various European countries. These discussions provided insights into how different legal systems handle the challenges of online communication. The conference concluded with a summary and an outlook on future research possibilities.