Cybersecurity and "Hacking Back"

Criminal Law and Procedure Practice Group Teleforum
Start : Tuesday, December 11, 2012 02:00 PM
End : Tuesday, December 11, 2012 03:00 PM

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Conference Call

Featured Speakers:
Stewart A. Baker
Orin S. Kerr


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.  Join our experts as they discuss the legal limits.


  • 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


Call begins at 2:00 p.m. Eastern Time.

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Related Materials:
Cybersecurity and "Hacking Back" - Podcast