Litigation Options For Post-Cyberattack 'Active Defense'

Law360 (October 29, 2018, 2:03 PM EDT) -- In March 2017, Rep. Tom Graves, R-Ga., introduced a draft bill titled the Active Cyber Defense Certainty Act. The bill would amend the Computer Fraud and Abuse Act to enable victims of cyberattacks to employ "limited defensive measures that exceed the boundaries of one's network in order to monitor, identify and stop attackers."[1] More specifically, the ACDC would empower individuals and companies to leave their own network to ascertain the perpetrator (i.e., establish attribution), disrupt cyberattacks without damaging others' computers, retrieve and destroy stolen files, monitor the behavior of an attacker, and utilize beaconing technology.[2] An updated, bipartisan version of the...

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