, 2002-07-29
Is it criminal to reach out and hack an infected machine that's attacking your network?
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The Right to Defend
2002-07-29
Anonymous (10 replies)
Anonymous (10 replies)
The Right to Defend
2002-07-29
Anonymous (1 replies)
Anonymous (1 replies)
The Right to Defend
2002-07-29
Matthew Waddell (3 replies)
Matthew Waddell (3 replies)
What about the the rights of the entertainment industry?
2002-07-31
Brian Erdelyi (1 replies)
Brian Erdelyi (1 replies)

I have the right to defend IF the attack is in progress. I don't have to stop and call the police. The law allows us to defend an immediate attack. The same with a physical attacker. The only caveat is that you had better be able to support your actions with solid evidence that you were defending yourself against the immediate and continuing threat of harm. I believe this most certainly applies to the commercial threat of economic harm to my business or my personal records as a result of a cyber attack. My actions can only legally continue until the immediate threat has stopped (as in a physical attack on my person - when the attacker stops and/or begins to flee).
"If someone's car is repeatedly blocking access to your garage, do you tow it away yourself or do you call the police?"
Yes..I can legally tow without calling the police to do it as long as I have posted it and it is on private property. Then I only need to call the police to let them know it has been towed so it won't be accepted as a stolen report.
"What you are calling for is wild West. Theses times are over. Prosecution and law enforcement have to be in the hands of the government. This is one of the characteristics of a civilized state. And this applies to the real world and cyberspace as well."
It is clear to me that you have not thought this completely through. There are current laws that allow us to take defensive action..we just need to be creative in applying them to cyberspace and it's issues. The principles are the same and can be constructed in such a way as to keep our "civilized" society in place.
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Link to this comment: http://www.securityfocus.com/comments/columns/98/15963#15963