Iv location and nationality of attacker of course the

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iv. Location and Nationality of Attacker Of course, the location and nationality of the attacker determines much about amenability to jurisdiction and the possibility of physical, as well as virtual, interdiction. Here, of course, attackers may be mobile in terms of their location and nationality, raising important questions about the utility of sub-universal arrangements for control of cyberterrorism. 3. Private Sector Responses Importantly, private action and private order may transcend national boundaries. Therefore, international “cooperation” through private initiatives does not face the same array of jurisdictional barriers that government initiatives face. If private action or private order can respond efficiently to the threat of cyberterrorism, then there is no need for government intervention, or inter-governmental coordination. In fact, a subsidiarity perspective, congruent with a perspective based on normative individualism, would only call for governmental action to the extent that governmental action can achieve individual goals more efficiently. It is not possible to provide a complete analysis of comparative efficiency of private order compared with public regulation, even within the limited context addressed here. However, in this subsection, we will try to provide a suggestive analysis of the relative benefits of private versus public order in the cyberterrorism context. 16 See Susan W. Brenner & Marc D. Goodman, In Defense of Cyberterrorism: An Argument for Anticipating Cyber-Attacks , 2002 I LL . J.L. T ECH . & P OL ' Y 1, 27 (2002). 17 Many states appear to be developing cyberwarfare capabilities. See Statement for the Record before the Joint Economic Committee on Cyber Threats and the U.S. Economy by John A. Serabian, Jr., Information Operations Issue Manager Central Intelligence Agency 23 February 2000 Washington D.C., available at http://www.odci.gov/cia/public_affairs/speeches/2000/cyberthreats_022300.html .
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Global Cyberterrorism, Jurisdiction, and International Organization 12 Security against cyberterrorism, even more than security against cybercrime, may be understood as a public good. Many types of security against cyberterrorism would appear to be non-rival in the sense that consumption by one user of this type of security would not diminish the availability of security to others. Security against cyberterrorism appears generally non-excludible in the same sense as national security more broadly: it is impractical, and ethically suspect, to exclude some from its umbrella. There are ways in which security against cyberterrorism may be made excludible. For example, to the extent that the security is derived from software or hardware resident on the end-user’s computer, or can be provided by an internet service provider through its servers and made available only to that ISP’s customers, it is excludible. To the extent that security is excludible, then it is a “club good.” 18 Of course, to the extent that the internet itself, and its breadth of inclusion, provides network externalities, 19 damage to others’ ability to access the internet reduces its value even to those who retain access.
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