extra step of banning all military activities. In effect, the ATS sets aside Antarctica as a scientific preserve, establishes freedom of scientific investigation, and bans military activity on the continent.111 The main objective of the ATS112 is to ensure “in the interests of all mankind that Antarctica shall continue forever to be used exclusively for peaceful purposes and shall not become the scene or object of international discord.”113 Imposing such a freeze on developing new software capable of malicious attacks though, even if was possible, stifles innovation in the same way that shutting down the generative nature of the internet would. Nor would a traditional international accord be capable of keeping up with the rapidly changing nature of IT, save for a standing committee that would amend the treaty as needed to meet new challenges as they arise. Subsequent ratification by national legislatures would thereafter pose a significant problem, unless that power was written into the mandate of the committee outright. On the surface then, it appears than neither barring certain malignant code nor all possible variations of known cyber attacks under international law is an effective, efficient response to the problem of cyber attacks.
The Analogy of Communications and U.S. Cyber Law
In many ways, the development of international communications law was the direct precursor to cyber law, beginning with agreements dating from the 1800s designed
111 These countries were Argentina, Australia, Belgium, Chile, France, Japan, New Zealand, Norway, South Africa, the U.S.S.R., the U.K., and the U.S. It is important to note the restrictions on property rights and ban on military maneuvers that denote Antarctica as a quasi-CHM area. ATS was also the first arms control treaty of the Cold War.
112 Like the deep seabed and the Arctic, the continent of Antarctica is an enormous expanse of undeveloped land that contains substantial mineral deposits. Unlike the deep seabed and similar to the Arctic though, nations have made and continue to assert overlapping territorial claims to Antarctica. The 1959 Antarctic Treaty attempts to clarify these conflicting demands. The ATS defines Antarctica as all land and ice shelves south of the southern 60th parallel.
113 Preamble of the Antarctic Treaty, text available at the National Science Foundation website: . Last Visited: 10/06/07.