Shot in the Dark: Can Private Sector “Hackbacks” Work?

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… Continue reading Shot in the Dark: Can Private Sector “Hackbacks” Work?

Bubbles Over Barriers: Amending the Foreign Sovereign Immunities Act for Cyber Accountability

More and more often, the Foreign Sovereign Immunities Act (FSIA) has protected cyberattack-conducting state actors and their cybersecurity contractors from legal liability and suits brought by victims seeking redress in US courts. Adam Silow argues that it is time for foreign sovereign immunity to receive an update for the digital era. State-sponsored cyberattacks and their… Continue reading Bubbles Over Barriers: Amending the Foreign Sovereign Immunities Act for Cyber Accountability

Outsourcing the Cyber Kill Chain: Reinforcing the Cyber Mission Force and Allowing Increased Contractor Support of Cyber Operations

The United States is under a growing and constant threat of cyberattack. US cybersecurity strategy has evolved in response, adapting to the new threat climate by committing US Cyber Command to more aggressive and persistent peacetime cyber operations. However, the Department of Defense Cyber Mission Force (CMF) has been stretched thin attempting to carry out… Continue reading Outsourcing the Cyber Kill Chain: Reinforcing the Cyber Mission Force and Allowing Increased Contractor Support of Cyber Operations