Therefore they are distributed among a number of

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Therefore, they are distributed among a number of jurisdictions—each country has control over the backbones and local loops physically located in its territory. 15 This does not necessarily mean that any particular country can block all internet access in its territory: access through satellite or difficult-to-block international telephone connections do not flow through local backbones and local loops. The U.S. has substantial power vis-à-vis other governments and legitimate businesses in internet society because of its size and the value of its market, which would allow it to impose a change in standards for the U.S. that would be difficult for foreign persons to reject. In this sense, the U.S. is capable of unilateral action to regulate the internet, but is also capable of providing incentives for other states to accept multilateral agreement along the lines of the U.S. standard: “uni-multilateralism.” iii. Type of attacker There are two main types of terrorists: those willing to be caught and punished, so long as they carry out their mission, and those who will only carry out their mission if they have a plausible plan of escape. The first type of terrorist cannot reasonably be deterred, while the second can be deterred by effective means of identification, apprehension, and punishment. Because of the widespread fear of the first type after September 11, 2001, systems of ex post identification, apprehension, and punishment can only offer limited security. http://papers.ssrn.com/paper.taf?abstract_id=520682 . This paragraph and the next are based on Mueller. 13 See Michael Kende, The Digital Handshake: Connecting Internet Backbones , FCC Office of Public Policy Working Paper No. 32, September 2000, available at http://www.fcc.gov/Bureaus/OPP/working_papers/oppwp32.pdf . 14 Mueller, supra note 12, at 12. 15 Id. at 16,
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Global Cyberterrorism, Jurisdiction, and International Organization 11 Terrorists may be wholly independent, sponsored by a state, or directed by a state. Sponsorship or direction by a state, if identifiable, may provide a useful means of deterrent. On the other hand, the very purpose of state sponsorship of terrorism, instead of direct attack, is covert action and plausible deniability. The fact that cyberterrorism may be state-sponsored, or part of a cyberwarfare campaign, 16 means that any framework for cooperation could break down just when it is most crucial to security. 17 Therefore, in order to cooperate effectively, states that are potential enemies will need to be able to provide one another with powerful assurances that they will not violate their commitments. These assurances may be similar to those needed in arms control agreements, but the problem may be that cyberwarfare agreements may be even less verifiable than realspace arms control agreements. Thus, the relationship between states that are potential enemies will differ from that between states that see themselves as long- term allies.
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