Introduction. Russian civil legislation takes into account innovations in information exchange by fixing the concept of digital rights, while giving them an exclusively private legal understanding. The modern doctrine proceeds from the fact that development of digital technologies has also significantly influenced the concept of fundamental human rights. Continuation of this vision is the emergence of digital rights in the public sphere. This actualizes the analysis of their possible limitations in order to counter terrorism. Theoretical analysis. The research reveals the consequences of the transfer of a significant amount of social relations to digital format. At the same time, while the general discourse of discussions stems from the principle of “normative equivalence” between “offline” and “online” (which does not require fundamental changes in law), the experience of the spread of digital technologies shows that it increasingly faces systemic failures. The authors indicate the difficulties with the definition of digital rights and their regulatory consolidation (by analyzing the regulations of the European Union). Empirical analysis. Based on the identified characteristics of digital communications, the paper presents the models for countering terrorist threats in modern cyberspace. The features of the legislative support of the Chinese model of the “Golden Shield”, based on the principles of digital sovereignty (in particular, the Law of the People’s Republic of China “On Data Security”), are shown. The authors highlight the features of imposing restrictions on the right to digital communication for persons suspected of involvement in terrorist activities (in particular, on the basis of the Anti-Terrorism and Border Security Act adopted in 2019 in the UK) and consider other foreign experience in countering terrorist threats in the digital sphere. Results. The necessity of taking into account the technological features of information exchange in the digital space is demonstrated. This has a significant impact on the emergence of new measures to counter terrorism. Foreign experience testifies to the expansion of the list of operational and search measures, the list of elements of crimes of a terrorist nature.

The article explores the content of the prohibition of torture in constitutional and international acts. The ban is absolute, as confirmed by the extensive practice of international human rights organizations. At present, a revision of the general attitude towards torture in Western Europe is taking place against the background of increasing terrorist threats. In the United States, after the September 11, 2001 terrorist attack, at the level of Justice Department directives, certain methods of “intensive interrogation” were allowed in order to obtain information from persons captured during anti-terrorist operations. It was assumed that in the conditions of the “war on terror”, terrorists were not subject to the privileges provided for by the Geneva Conventions in relation to prisoners of war. Our study involves an analysis of a wide range of sources on problems of the use of torture in the context of countering terrorism, and provides an analysis of foreign scientific discussions of the admissibility of torture against terrorists. One argument is the lack of moral boundaries among terrorists themselves, capable of committing deadly attacks against civilians. Supporters of the use of torture proceed from the principle of extreme necessity for obtaining information about the planned terrorist acts. Opponents of torture proceed from the principle of the moral absolute, which does not justify attaining a goal by any means. In modern legal science there is a search for a balance of interests: the dignity of a person suspected of preparing a terrorist act, and the safety of other citizens, society, and the state.

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