Because they do not necessarily tell us the limits of

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because they do not necessarily tell us the limits of a state’s behavior in relation to its jurisdiction. For example, while states have jurisdiction over their citizens, international human rights law limits the scope of state exercise of this jurisdiction. The international legal problem of jurisdiction over activities that may relate to or prevent cyberterrorism may be understood as a problem of incompleteness of rules allocating jurisdiction: to what extent may the U.S. use its territorial sovereignty over top-level domain names or other parts of the internet as a basis to demand changes in the way that Mongolia regulates internet service providers who locate their servers in Mongolia? Of course, rules allocating jurisdiction may be efficiently incomplete. Under circumstances of low value, one would not expect property rights to arise: one would expect a res nullius regime. In a res nullius regime, as the property becomes more valuable, a common pool resource problem, or tragedy of the commons, may develop, and may provide incentives to develop property rights. Similarly, as the importance, or value, to states of regulatory jurisdiction rises with the rise of the regulatory state and with enhanced transportation and communications, it is not difficult to imagine that there may be incentives to clarify rules of jurisdiction heretofore left unclear. 31 This can be said to be the case in connection with security against cyberterrorism. With the rise in value of the internet, and the rise in risk from terrorism, jurisdiction to address these risks has become more valuable, and it is likely that states will move from 31 See Harold Demsetz, Toward a Theory of Property Rights , 57 A M . E CON . R EV . P APERS AND P ROCEEDINGS 347, at 350 (1967). See also B.C. Field, The Evolution of Property Rights , 42 K YKLOS 319 (1989); Thomas W. Merrill, Trespass, Nuisance, and the Costs of Determining Property Rights , 14 J. L EG . S TUD . 13 (1985); R.S. Hartman, A Note on Externalities and the Placement of Property Rights: An Alternative Formulation to the Standard Pigouvian Results , 2 I NT L R EV . L. & E CON . 111 (1982); John Umbeck, Might Makes Rights: A Theory of the Formation and Initial Distribution of Property Rights , 19 E CON . I NQ . 38 (1981); David Ault & Gilbert Rutman, The Development of Independent Rights to Property in Tribal Africa , 22 J. L AW & E CON . 183 (1979); John Umbeck, A Theory of Contract Choice and the California Gold Rush , 20 J. L AW & E CON . 163 (1977); Anderson & Hill, The Evolution of Property Rights: A Study of the American West , 18 J. L AW & E CON . 163 (1975).
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Global Cyberterrorism, Jurisdiction, and International Organization 19 what is in effect a res nullius regime (at least as it addresses jurisdiction to regulate prior to an act of terrorism) to a system of property rights. Alternatively, we might say that the likely move will be from a system of jurisdiction based on territorial conduct or nationality, to one that more accurately reflects the risks to the jurisdiction of territorial effects.
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