Insights: Publications Active Defense: An Overview of the Debate and a Way Forward
Mercatus Working Paper
A new paper for the Technology Policy Program at the Mercatus Center at George Mason University demonstrates it is more efficient for businesses to engage in active defense—also called “hacking back” or “counterhacking”—than to rely on the government to solve the problem. Businesses should be free to use the technological resources at their disposal to protect themselves and their consumers, while being subject to strict liability in the event of unreasonable countermeasures against an innocent party unrelated to the attacker.
With the growth of information technology, major businesses face an increased risk of hacking and data breach. In recent years Target, Home Depot, JPMorgan Chase, and Sony, to name only a few, have suffered attacks at the hands of nefarious technology intruders. While businesses may protect their own networks from intrusion, there are questionable legal implications involving “active defense” or fighting back by disrupting or destroying the attacker’s network or server.
Related People
Related Industries
Disclaimer
While we are pleased to have you contact us by telephone, surface mail, electronic mail, or by facsimile transmission, contacting Kilpatrick Townsend & Stockton LLP or any of its attorneys does not create an attorney-client relationship. The formation of an attorney-client relationship requires consideration of multiple factors, including possible conflicts of interest. An attorney-client relationship is formed only when both you and the Firm have agreed to proceed with a defined engagement.
DO NOT CONVEY TO US ANY INFORMATION YOU REGARD AS CONFIDENTIAL UNTIL A FORMAL CLIENT-ATTORNEY RELATIONSHIP HAS BEEN ESTABLISHED.
If you do convey information, you recognize that we may review and disclose the information, and you agree that even if you regard the information as highly confidential and even if it is transmitted in a good faith effort to retain us, such a review does not preclude us from representing another client directly adverse to you, even in a matter where that information could be used against you.
