Part of the complexity of course arises from the fact

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level, it may be necessary to go back and modify our assessment at an earlier level. Part of the complexity, of course, arises from the fact that different states will experience these threats differently, with a resulting asymmetry of concern. In order to examine the need for, and potential structure of, international cooperation to combat cyberterrorism, it is necessary first to examine several subsidiary questions. First, to what extent, and in what contexts, is governmental regulation appropriate to combat cyberterrorism? This is the first level of the subsidiarity analysis: is government action necessary? Second, to what extent, and in what contexts, is domestic government, while possibly necessary, insufficient to combat cyberterrorism? This is a second level of subsidiarity analysis: is local regulation sufficient/ is international cooperation necessary? 2 Third, what form shall international cooperation take: should it be in the form of ad hoc or non-legal and non-organizational relationships among states, or should it be in the form of more formal law or organization? Fourth, what should be the content or responsibilities of this more formal law or organization? This paper cannot answer these questions, but it suggests an analytical framework that may be used to address these questions in a broader research project. As suggested above, where regulation is called for, the next question is a choice of levels of regulation: sub-national, national, regional, international law or international organization. This paper provides a brief analysis of the problem of allocation of authority—of jurisdiction—over different components of cyberspace, both horizontally and vertically. This analysis is dependent on the particular facts of cyberspace and threats to cybersecurity. This analysis uses tools from property rights theory, regulatory competition theory, and game theory. Next, this paper examines some potential sources of analogy to the international problem of security against cyberterrorism. These sources of analogy include arrangements to control cybercrime, arrangements to control financing of terrorism, and security arrangements for ocean transport. 2. Categorizing Cyberterrorism Security Threats It is not possible completely to eliminate global threats to cybersecurity, except by an extreme and highly damaging form of autarky. By “global threat,” I mean threats that originate outside the target state’s borders, or that originate within the target state’s borders but are initiated by foreign persons or agents of foreign persons. However, there 2 While I state these concerns in rather stark terms of necessity and sufficiency, the more correct analysis speaks in more nuanced terms of relative efficiency.
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Global Cyberterrorism, Jurisdiction, and International Organization 3 are different types of threats, to different types of targets, and it is important to differentiate. Differentiation may allow a selective response that would be less damaging than autarky, but provide sufficient protection.
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