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has also been argued that ninety percent of the burden of preventing cyber attacks lays on the private sector.  This introduces significant expense and problems of coordination among businesses, international organizations, and governments, which is especially troubling given the checkered history of international efforts to criminalize cyber terrorism.240

The first efforts to coordinate efforts to stem cyber crime and terrorism stretch back nearly three decades.  As a result of urging by then Assistant U.S. Attorney General Telly Kossack, Interpol began harmonizing disparate national legislation on cyber crime for Interpol in 1981.241  Progress was slow, but quickened after the end of the Cold War.  By 1997, the G8 established the Subgroup of High-Tech Crime, and adopted the “Ten Principles” in the combat against computer crime.  The goal was to ensure that no criminal receives “safe havens” anywhere in the world.242  This was articulated on May 11, 2004 when the G8 issued a Justice and Home Affairs Communiqué stating: “Continuing to strengthen domestic laws…[t]o truly build global capacities to combat terrorist and criminal uses of the Internet, all countries must continue to improve laws that criminalize misuses of computer networks and that allow for faster cooperation on Internet-related investigations.”243  

Various other regional and UN initiatives have sense been enacted to deal with cyber attacks through harmonizing divergent national laws.  The Council of

240 See generally Susan W. Brenner & Marc D. Goodman, In Defense of Cyberterrorism: An Argument for Anticipating Cyber-Attacks, 2002 U. Ill. J.L.Tech. & Pol’y 1, 12-24, 27.

241 Stein Schjolberg, Chief Judge, Moss Tingrett Court, Norway.  “Law Comes to Cyberspace,” A presentation at the 11th UN Criminal Congress, Apr. 18-25, 2007, Bangkok, Thailand.  Workshop 6: Measures to combat computer-related crime.

242 It should be noted that since then only one G8 member, Russia, has been accused of harboring cyber attackers (those from the Estonian attacks).

243 G8 Justice and Home Affairs Communiqué, Washington DC, May 11, 2004, para.  10.

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