Drinker Biddle associate Anthony D. Glosson and distinguished panelists held an invitation-only Capitol Hill discussion on “The Law and Active Cyber Defense” on Thursday, April 21.
The purpose of the event was to advance thinking on active cyber defense (less euphemistically known as cyber offense). At issue is whether U.S. law can be interpreted to allow a private sector actor to respond for an intrusion by hacking the hacker back. It has long been accepted that the U.S. government can commit active cyber defense but the private sector cannot. The question, now, is whether U.S. law as it stands can be interpreted to permit retaliation or do we need new law?