Question: Should current US law forbidding hacking back by private US companies be changed. Choose only a yes or no answer and provide examples and explanation

Should current US law forbidding "hacking back" by private US companies be changed. Choose only a "yes or no" answer and provide examples and explanation to support your answer. If you choose yes, please be specific as to what types of hacking back should be permitted by the US Government. If you choose no, please fully discuss why you believe hacking back should not be executed by the private sector and why.

Readings:

  1. "A Shared Responsibility: Public-Private Cooperation for Cybersecurity," CSIS, March 22, 2022, https://www.csis.org/analysis/shared-responsibility-public-private-cooperation-cybersecurity
  2. Nachreiner, C. "The Pros and Cons of the Proposed Hack Back Bill," January 28, 2022, SC Media, https://www.scmagazine.com/perspective/policy/the-pros-and-cons-of-the-proposed-hack-back-bill
  3. Parker, Sam, "Shot in the Dark: Can Private Sector 'Hackbacks' Work?" Journal of National Security Law & Policy, Vol13:1, December 16, 2022.
  4. Huang, Wang, Wei, and Madnick, "The Devastating Business Impacts of a Cyber Breach," Harvard Business Review, May 4, 2023.
  5. Lange, Kayly, "ISACs: Information Sharing & Analysis Centers," Splunk.com, October 18, 2023, https://www.splunk.com/en_us/blog/learn/isacs-information-sharing-analysis-centers.html
  6. Borghard, Erica, "Protecting Financial Institutions Against Cyber Threats: A National Security Issue," Carnegie Endowment for International Peace, September 24, 2018, https://carnegieendowment.org/2018/09/24/protecting-financial-institutions-against-cyber-threats-national-security-issue-pub-77324

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