The new draft legislation provides an exception to liability under the Computer Fraud and Abuse Act (CFAA) and, in essence, would authorize individuals or organizations to go into networks outside of their own to gather intelligence on hackers for attributional purposes. 4036), is starting to change the conversation. But a proposal by Representatives Tom Graves (R-GA), Kyrsten Sinema (D-AZ), titled the Active Cyber Defense Certainty Act (ACDC) ( H.R. For years now, there has been a discussion surrounding the feasibility of active cyber defense, and allowing private entities or individuals to “hack back” against hostile cyber activity, but there has not been a major push in Congress to explicitly authorize such activity, or to propose changes or exceptions under the current legal and statutory framework that would enable it.
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