Cybersecurity and "Hacking Back" - Podcast
Criminal Law and Procedure Practice Group Podcast
February 20, 2013Stewart A. Baker, Orin S. Kerr, Dean A. Reuter
To listen, please right click on the audio file you wish to hear and then select "Save Link As..." or "Save Target As..." After you save the audio file to your computer, you can then listen to it in your audio player of choice.
Cybersecurity and "Hacking Back" - MP3
Running Time: 00:57:07
Computer hacking is a large and growing problem, with no signs of abating as the world continues to modernize. Static defenses like firewalls and encryption are helpful but not foolproof. Experts seem to disagree as to whether the Computer Fraud and Abuse Act of 1996 permits a hacked individual or entity to “hack back,” that is, go on the offense and attack the attacking computer. The Department of Justice has taken the position that hacking back itself violates the law, while some notable experts assert that hacking back in self defense is permissible. On this previously recorded conference call, our experts discuss the legal limits and answer questions from callers.
- Hon. Stewart A. Baker, Steptoe & Johnson LLP and former Assistant U.S. Secretary for Policy, U.S. Department of Homeland Security
- Mr. Prof. Orin S. Kerr, The George Washington University Law School
- Moderator: Mr. Dean Reuter, Vice President & Director of Practice Groups, The Federalist Society