Considering the Potential Deterrence Value of Legislation Allowing Hacking Back

Abstract

Would proposed legislation creating an affirmative defense from prosecution under the Computer Fraud and Abuse Act to those engaging in active cyber defense measures advance efforts to deter state-sponsored hackers from attacking private actors in the United States? I argue that despite legitimate concern regarding the Active Cyber Defense Certainty Act, the United States is in dire need of deterrence mechanisms to stop future state-sponsored cyber attacks and ACDC has at least some deterrent value.