Furthermore it is clear that much action and cost is

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Furthermore, it is clear that much action (and cost) is delegated to private actors or gatekeepers. The law enforcement model found in the Cybercrime Convention is limited in its ability to pre-empt terrorism. The gatekeeper-certification model used in connection with money laundering and maritime security has an important limitation in terms of its adaptability to cyberterrorism. The character of cargo does not change rapidly, and money itself does no direct damage. Therefore, reliance on gatekeepers or certification may not provide complete security against the subversion of an initially benign computer or node. As noted above, even biometric identification or digital passports may not provide complete security. However, these methods may be of significant value.
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Global Cyberterrorism, Jurisdiction, and International Organization 36 The surveillance model found in the money laundering context—requiring financial institutions to look for and notify suspicious anomalies—may present a model for regulation of ISPs or backbone providers. 8. Conclusion It is clear that cyberterrorism poses a threat. The threat is probably greater than that posed by terrorist financing or cybercrime, and may also be greater than that posed by marine-borne terrorism. There would seem to be important reasons for international cooperation in this area, although it is possible that international cooperation would not be as efficient a route to security as hardening domestic targets. More research is needed on this point. Thus far, there seems to be little formal international activity comparable to that observed in other areas. Once the need for international cooperation is determined, it would be appropriate to consider mechanisms similar to those discussed above, mutatis mutandis . For example, it would at least be worth considering a global certification scheme for ISPs and backbone providers, along the lines observed in the maritime and financing contexts. The utility of a certification scheme would depend on the degree to which actions taken at this level could prevent or ameliorate the consequences of cyberterrorism. This paper cannot do more than identify a number of areas for further inquiry, and suggest how information might be assessed in determining a course of action. An appropriate next step in this inquiry is to combine institutional knowledge with technical knowledge, in order to determine the utility and feasibility of further action. The legal/institutional inquiry must be integrated in a recursive deliberative process with the technological inquiry. Code is not law and law is not code, but in order for law to be effective to achieve the desired goals it must deal with the real world as it is, and as it will be.
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