The complexity of computer networks is growing faster

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The complexity of computer networks is growing faster than the ability to understand and protect them by identifying critical nodes, verifying security, and monitoring activity. The prospects for a cascade of failures across US infrastructures are largely known and understood. 7 It is very difficult reliably to limit access by reference to location or person of origin, as it is fairly easy to establish relay or alias arrangements that will mask these characteristics, or satellite or telephone access that will evade filters. 8 Moreover, location and personality limitations may not provide sufficient security, as persons from permissible locations, and permissible persons, may commit acts of cyberterrorism. Reliable digital passports or digital fingerprints, or a unique biometric identification, which would serve reliably to identify the sender, might reduce the possibility of cyberterrorism, or of cyberterrorism without the ability to identify the author. However, if terrorists are willing to be suicide bombers in the real world, they presumably will be willing to identify themselves in cyberspace. It is entirely possible for the terrorist to satisfy the requirements of trust, simply in order to obtain sufficient access to perform the planned act of terrorism. Content filtering is more reliable, but comes at significant cost in terms of speed of connection and loss of benign content. It is also possible to monitor and limit messages associated with DDOS attacks. Other prophylaxis measures may be possible. 2. Ex ante Surveillance, Detection, and Interdiction Surveillance is related to both identification and content monitoring. It would also examine flows and groups of data packets in order to identify trends that suggest threats. Once attacks are detected, specific avenues of attack may be closed or particular damage may be repaired. In addition, if these packets can be traced back to their origin, 7 The National Security Telecommunications and Information Systems Security Committee , John C. Gannon, Assistant Director of Central Intelligence for Analysis and Production, 3 April 2001, available at http://www.odci.gov/nic/speeches_telecommunications.html . 8 See A. Michael Froomkin , The Internet as a Source of Regulatory Arbitrage , in B ORDERS IN C YBERSPACE 129, 144 (Brian Kahin & Charles Nesson eds., 1997).
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Global Cyberterrorism, Jurisdiction, and International Organization 8 it may be possible to respond with either cyberspace or realspace measures. Surveillance, detection and interdiction raise jurisdictional issues discussed in the next subsection. 3. Identification of Author, Response, Deterrence, and Punishment What is the purpose of identifying the authors of a cyberterrorist attack? As noted above, the likelihood of identification and punishment may not result in deterrence.
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