Broadband access is a component of electronic communications services available for the public as a whole at any place in a modern country which should thus be designated as a new universal service enabling important improvements relating to e-commerce as well as to e-government. Would this concept be consistent with EC law, which modifications of the directive of 2002 would be necessary? Moreover, the German Telecommunications Act of 2004 would have to be altered to include an obligation granting broadband access to every customer at an affordable price. Although German Basic Law does also contain a provision requiring the Federation to care about “basic” telecommunications services to be delivered by private operators, those enterprises might be unwilling if they would have to extend their services to the public in a commercially unreasonable way.

Do public interests or “market failure” in fact justify the ways and instruments of German broadband access policy at Federal as well as at State and local levels, and may the German “model” be apt for a transfer to other EC countries where a similar “digital divide” at least seems to arise in the near future?

Cyber-terrorism involved a serious of conducts such as a targeted attacks, politically motivated, conducted with the help of computer technology and/or within the information technology, with significant consequences at economic, political and social level.

Against this new threat the EU is called to give a answer with the instruments that it have to disposal in the Third Pillar.

In front of the proliferation of acts adopted in this sector, this is a luck of a specific legal instrument in the fight against cyber-terrorism.

The first questions that we will analyse concerning the definition of cyber-terrorism.

We will to analyse the possibility to apply of cyber-terrorism existing legal instruments. At the same time the fight against cyber-terrorism involves the need to collect systematically data and DNA data, also through Europol and Eurojust and to plug into databases. This data collection is essential in order to adopt the measure of execution of UN Resolutions for the prevention and repression of each typology of terrorist funding, as well as the freezing funds that are directly or indirectly addressed a to that end. This data is able to breach fundamental human rights.

There is the need to guarantee the right to privacy of persons and entity involved in data collected.

In the second part of the paper we will analyse the problem of the balancing between the need to combating international terrorism and cyber-terrorism and that to protect fundamental human rights, also by the study of the recent jurisprudence of the EC Court of First Instance. To that end we will analyse the legal instrument for individuals and entities in the EU law for the protection of their fundamental human rights.

The natural consequence of development of Information Society is that investigators should be able to collect evidence in digital environment. Access to data stored on personal computers enables collection of important information about suspects - for example their plans, habits and contacts. Using hacking tools investigators can detect bank account numbers or secret pin codes. The development of Internet technologies made it possible to do it secretly, without people knowing that they are being watched. Furthermore, the methods typically used to commit crimes on the Net such as: Trojan software, keyloggers or sniffers can be also used by investigators and police to protect citizens and to fight terror effectively.

Are traditional legal measures, typical for off-line police operationalactivities such as surveillance, bugging telephones, searching homes or re-questing data from third parties, sufficient for online investigation? Or is itnecessary to adopt a special legal regime to deal with this situation? Another important question is how to seek a delicate balance between effectivecrime-fighting law and one which respect constitutional rights? New investigation methods that are based on hacking tools can easily violate citizens’ rights such as the right to privacy, information self-determination or home inviolability.