The Legal Limits of Cyber Self-Defense:

In an era of escalating and disruptive cyber attacks, private corporations are under immense pressure to protect their digital assets. Moving beyond passive defenses, many are exploring "active cyber defense" (ACD)-a spectrum of actions that includes threat intelligence gathering, deploying deceptive technologies, and the highly contentious practice of "hacking back." This article provides a comprehensive analysis of the legal, ethical, and strategic boundaries of corporate cyber self-defense. It argues that while the impulse to retaliate is understandable, the legal framework, both in the United States and internationally, creates a minefield of risks for companies that cross the line from defense into offense. Core statutes like the Computer Fraud and Abuse Act (CFAA) lack a self-defense exception, and international law principles of sovereignty and non-intervention strictly limit cross-border cyber operations. The article meticulously examines the failed push for legislation like the Active Cyber Defense Certainty Act (ACDC), the grave risks of misattribution and collateral damage, and the strategic perils of escalation.

Autorentext

Folashayo Abiodun is a trained attorney and seasoned expert in Technology Law and Cybersecurity Governance. She is the 2024 recipient of the West Africa Tech Excellence Forum (WATEF) Excellence Award in Technology Law. Areas of expertise include Commercial Litigation, Litigation, Trusts & Estates Law.