Representatives of the EU's 27 member states formally agreed today to harmonize their respective countries' definitions of criminally prosecutable acts of terrorism by expanding them to include three new types of crimes: "public provocation to commit a terrorist offence, [terrorist] recruitment, and training for terrorism." The definition of "public provocation" was especially controversial, and it encompasses content posted on the Internet, including not only direct incitements to violence but also terrorist propaganda and bomb-making expertise.

The decision wasn't without controversy, and misgivings about the possible limits on freedom of expression implied in the Amendment to the 2002 Council Framework Decision on combating terrorism were aired in a round-table session on Monday. An EU Parliament report on the round-table summarized the concerns of one British representative, who recounted how British law enforcement had allegedly threatened to use anti-terror laws to arrest some of the protesters at the London leg of the Olympic torch relay. Her concern, much like those who've been raising objections to this "public provocation" language since it was proposed last year, is that the Amendment will push member states down a slippery slope toward criminalizing legitimate political expression.

We covered the earlier controversy around this proposal, as well as the technical difficulties with actually stamping out "terrorist propaganda" once it's identified, in an report last year. The concerns with enforcement mechanisms—e.g., what authority will issue the take-down notice to a hosting provider, and what happens if the provider is in a non-EU country—appear to be addressed in to some degree by the new legislation. The press release announcing the Amendment claims, "the new legislation will make it easier for law enforcement authorities to get cooperation from internet service providers, to prevent crimes and identify criminals while, at the same time, ensuring that fundamental rights remain well protected."