Such is not the case today for at least two reasons. First, crime has taken on international dimensions. Second, it is more difficult today to identify the nature and source of transnational threats. The distinction between what is a crime and what is an attack warranting a military response is often unclear. But, given the current state of U.S. interagency organization, this distinction is crucial in order to determine which governmental agency should have the lead responsibility for countering a threat to U.S. security.
Transnational threats present significant problems for law enforcement.
Domestic law is often incompatible with international law and without foreign cooperation the US has no authority to exercise jurisdiction within the territory of foreign sovereigns. Venue is tied to sovereignty, yet transnational perpetrators of attacks and crimes often operate outside the domain of and across sovereign borders. Frequently, information needs to be shared among U.S. government agencies and with the agencies of other governments in order to prosecute cases involving transnational threats. However, U.S. federal agencies, much less those of other states, are not optimally organized to facilitate effective communication and information sharing. Transnational threats often directly or indirectly affect the U.S. information infrastructure, which is primarily controlled by the private sector.