the most effective instruments in creating international law are bilateral and multilateral accords.257 An example is the Cyber Crime Pact Council of Europe December, 2000.258 Another is the 2000 Proposal for an International Convention on Cyber Crime and Terrorism drafted at Stanford University (hereinafter “Stanford Proposal”).259 The findings of the Stanford Proposal include several points arguing for greater international cooperation in combating cyber attacks:
Cyber criminals exploit weaknesses in the laws and enforcement practices of States, exposing all other States to dangers that are beyond their capacity unilaterally or bilaterally to respond. The speed and technical complexity of cyber activities requires prearranged, agreed procedures for cooperation in investigating and responding to threats and attacks.260
Article 12 of the Stanford Draft proposes an international Agency for Information Infrastructure Protection (“AIIP”). The AIIP is intended to serve as a formal structure in which interested groups will cooperate through experts in countries around the world in developing standards and practices concerning cyber security. The structure of AIIP representation is inspired by treaties establishing the International Civil Aviation Organization and the International Telecommunication Union.261 This would address the key concern of rapidly evolving CNAs. The new NATO Cybernetic Defense Center should serve as a model organization for such a body, potentially a World Cyber Emergency Response Center (“WCERC”), and would be similar to other commons
257 An Assessment of International Legal Issues in Information Operations, DOD, OGC, May 1999.
258 Cyber Crime Pact Council of Europe, Dec. 2000.
259 Stanford Treaty Proposal, supra note 29.
261 The Stanford Proposal states that all States Parties are represented in the AIIP Assembly, which would adopt objectives and policies consistent with the Convention, approve standards and practices for cooperation, and approve technical assistance programs, among other responsibilities. The AIIP Council, elected by the Assembly, would, among other duties, appoint committees to study particular problems and recommend measures to the Assembly. The Draft also provides for a Secretariat to perform administrative tasks. The AIIP would build upon and supplement, not attempt to modify or substitute for, private-sector activities. Stanford Treaty Proposal, supra note 29.