Unilateral action has included the legislation of the

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Unilateral action has included the legislation of the Maritime Transportation Security Act of 2002. 69 This statute called for development of an automatic vessel identification system, a long-range vessel tracking system, risk assessments and security plans. One critical part of this statute requires foreign port assessments in order to assess security arrangements in foreign ports. If a vessel, or any of the last 10 ports that it has visited, has not been certified, it can be excluded from U.S. ports. Under the International Maritime Organization’s International Ship and Port Facility Security Code, 70 which went into effect on July 1, 2004, each vessel’s flag state is responsible for reviewing and certifying its security plan. The mandatory portion of this Code requires certain action by contracting governments, shipowners and ports. Governments are required to determine and communicate to their ships “security levels” in order to sensitize them to threats, as well as to ensure completion of port security assessments and compliance by shipowners and ports with other portions of the Code. It requires shipowners to implement ship identification and security alert systems, as well as security assessments and organizational changes to improve security. It requires ports also to implement security assessments and security plans. e. Results of Analogical Assessment The examples discussed above, combined with the game models discussed previously, exhibit several potential tools that may be used to address the problem of cyberterrorism. They may be presented in tabular form as follows: 68 Tim Weiner, U.S. Law Puts World Ports on Notice, N.Y. Times, March 24, 2004, A6, col. 1. 69 Pub. L. No. 107-295, 116 Stat. 2064 (2002). 70 See .
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Global Cyberterrorism, Jurisdiction, and International Organization 35 Stag Hunt Prisoner’s Dilemma Chicken Deadlock Legal Strategy Suggested by Game Information sharing; assurances Punishment for defection to provide incentives for cooperation Punishment for defection to provide incentives for cooperation Domestic risk- reducing strategies to change game Cybercrime Information sharing; international legal assistance Presumably capacity for reciprocal punishment Presumably capacity for reciprocal punishment Exclude from treaty arrangements— disengagement Financing for Terrorism Information- sharing and conditional access Punishment through exclusion; rogue state designation Punishment through exclusion; rogue state designation Rogue state designation— disengagement Maritime Security Information- sharing and conditional access Punishment through exclusion Punishment through exclusion Rogue state designation— disengagement The U.S. often seems to combine unilateral action with multilateral action: uni- multilateralism. Individual action by the U.S., whose power allows it to take effective individual action, has limits and is supplemented by unilateral requirements for cooperation, or negotiation in international organizations for agreements requiring the same or similar activity.
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  • Spring '12
  • Kushal Kanwar
  • global cyberterrorism

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