To 'Hack Back' or Not?

Attorneys David Navetta, Ron Raether on Active Defense
To 'Hack Back' or Not?

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.

See Also: Mitigate Risks and Protect Your Users from Cyberattacks, Avoid the Yahoo Data Breach

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.

About the Author

Tom Field

Tom Field

Vice President - Editorial, ISMG

Field is an award-winning journalist with over 30 years experience in newspapers, magazines, books, events and electronic media. A veteran community journalist with extensive business/technology and international reporting experience, Field joined ISMG in 2007 and currently oversees the editorial operations for all of ISMG's global media properties. An accomplished public speaker, Field has developed and moderated scores of podcasts, webcasts, roundtables and conferences, and he has appeared at RSA Conference and on various C-SPAN, The History Channel and Travel Channel television programs.

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