Until recently, self-defense in cyberspace was called “hackback” and was largely dismissed by the legal community as beyond the law. However, cyber experts and the private sector are embracing “active defense,” as the range of options is collectively labeled. As a result, lawyers are opening a dialogue on how to explore the issue in the courts and the potential legal precedents in case law.
The panel, which took place on Saturday, Feb. 9, in Dallas, included Stewart Baker, partner at Steptoe & Johnson and former general counsel to the National Security Agency, Steven Chabinsky, senior vice president of legal affairs and chief risk officer for CrowdStrike, and Emily Frye, principal engineer for the Mitre Corp. The panel was moderated by Harvey Rishikof, Drexel University law professor and chair of the ABA Advisory Committee on Law and National Security.
To listen to the podcast, click here. For questions about the podcast, please contact Meredith Josef at Meredith.Josef@americanbar.org.
To view the ABA’s newly launched Cybersecurity Legal Task Force website, click here.
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