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To 'Hack Back' or Not? (408 hits)

Attorneys David Navetta, Ron Raether on Active Defense

By Tom Field | February 27, 2013 | Follow Tom @SecurityEditor
GovInfoSecurity

In the wake of damaging cyberattacks, organizations are looking not just to repel the attacks, but to strike back and shut down the attackers. This "hack-back" strategy - or "active defense," as it's come to be known - is controversial because of its legal implications.

In this video interview, two noted security/privacy attorneys discuss:

The argument for active defense tactics;
Potential consequences from collateral damage;
When is a 'hack-back' approach appropriate?

Navetta is co-founder of the Information Law Group and co-chairman of the American Bar Association's Information Security Committee. He has been a keen observer of information security-related litigation, including financial fraud and state privacy laws.

Raether is partner at Faruki Ireland & Cox in Dayton, Ohio. His experience with technology-related issues spans an array of legal areas, including patent; antitrust; licensing and contracts; employment; trademark; domain name disputes; and federal and state privacy statutes.

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