Of response would suffice the extent to which

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of response would suffice: the extent to which conditions of diversity, decentralization, resiliency and redundancy are sufficiently satisfied to reduce risk to a socially-acceptable level. We must compare the risk-adjusted magnitude of damage (D) with the cost of taking care (C). This is simple cost-benefit analysis where the magnitude of damage avoided constitutes the benefit. So, the subsidiarity question in this context is whether D p – C p > D g – C g, where D p is the risk adjusted magnitude of damage under private ordering, C p is the cost of private ordering measures to take care, D g is the risk-adjusted magnitude of damage under government regulation, and C g is the cost of government regulation to take care. Of course, the more nuanced, and likely, comparison will examine different public-private partnerships: multiple combinations of private ordering and regulation. 22 It is possible that private ordering could under some circumstances provide sufficient protection, but it is also possible that it would be efficient under some 20 But see Benkler, supra note 10. See also David R. Johnson, Susan P. Crawford, & John G. Palfrey, The Accountable Net: Peer Production of Internet Governance , draft of March 25, 2004, at http://cyber.law.harvard.edu/The%20Accountable%20Net%20032504.pdf . 21 On the potential dangers of exclusion generally, see Neal Kumar Katyal, Digital Architecture as Crime Control , 112 Y ALE L.J. 2261, 2283 (2003). 22 There is a higher level of subsidiarity analysis that we will address below: whether it is better to take action at an international level. Here the question is whether D g – C g > D i – C i, where D i is the risk adjusted magnitude of damage under international cooperation, while C i is the cost of international measures to take care. Again, we are likely to have hybrid measures utilizing action at all levels.
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Global Cyberterrorism, Jurisdiction, and International Organization 14 circumstances for its protection to be enhanced by public order, for example, in the form of law enforcement-type action. It appears that other kinds of cyberterrorism security issues, relating to essential infrastructures where risk is unacceptable, including military command and control networks, will benefit from isolation and redundancy designs. In quantitative terms, the risk of loss is pre-emptive, and swamps the costs of taking care under any conceivable calculation. These networks must be made secure against terrorism—both cyberterrorism and realspace attack—and need not be integrated with other networks. Alternatively, firewall technology may be sufficient to isolate these networks from attack while permitting partial integration with other networks. Therefore, it is a middle group of cyberterrorism security issues—where private ordering does not provide sufficient security, or could be assisted by supplementation, and where isolation is not acceptable or is not technologically feasible—that will require public order. These include protection of infrastructures that must remain attached to the network and where firewalls cannot provide sufficient protection. Examples include
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