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Active Defense Bill - Cybersecurity

There is a discussion draft of a house bill called the ‘‘Active Cyber Defense Certainty Act’’. This would relieve a victim of "persistent unauthorized intrusion of the individual entity’s computer" from the risk of prosecution for using active defense measures against the intruder. This is an interesting new ground it seems. I think efforts like this, "hacking back" were often considered cowboy moves, discussed on in sotto voce, since it was not an "authorized" strategy.

This article on the proposal discusses the potential hazards of the law and using hacking back as a tool for cyber defense. While it is good to see attention being paid to cybersecurity in law, there needs to be an intelligent debate and a resulting well-crafted law which helps to define sensible boundaries. Think of areas where "hacking back" could simply be used as a defense for what was actually an offensive maneuver for instance.

If you have experience and knowledge applicable, consider putting your words to paper and contacting your representative with your thoughts.

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