LEGALISING FORMS OF ACTIVE CYBER DEFENCE (ACD) THE THEORY AND PRACTICE OF PRIVATE CYBERSECURITY PROVISIONING
LEGALISING FORMS OF ACTIVE CYBER DEFENCE (ACD) THE THEORY AND PRACTICE OF PRIVATE CYBERSECURITY PROVISIONING

Summary/Abstract: The article analyzes the legality and implications of active cyber defense (ACD),including the controversial practice of retaliatory hacking (hack-back), by pri-vate entities. The author presents the current legal restrictions in the UnitedStates, where companies are essentially barred from taking aggressive defensemeasures beyond their own networks, despite growing cyber threats. The paperdiscusses the arguments for and against legalizing ACD, including issues of at-tack attribution, company readiness, the risk of escalating international conflicts,and potential legal consequences. The article focuses on legislative proposals,such as the Active Cyber Defense Certainty Act, aimed at mitigating these re-strictions, while pointing out the associated challenges and dangers.

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