In an era when cyberattacks are becoming ever more prevalent, there is a growing demand for private companies to “hackback” to deter and defend against attacks. But federal law precludes them from doing so. Sam Parker addresses the risks and benefits of allowing companies to respond to cyber-threats by going on the offensive and analyzes three legislative hackback proposals.
Because Parker finds that each proposal is either insufficiently effective or bears unacceptable risks, he recommends a hybrid proposal that would allow federal authorities to authorize and strictly supervise companies to engage in defensive cyberattacks. Parker argues this approach enables private companies to be “force multipliers” against cyberthreats while also mitigating the risks of a feared “Wild West” scenario where the private sector can hackback against anyone without restraint.