AI vs. AI: Forecasting the Ethical Dilemma Circling Law, Business and Technology
This article provides a discussion of the legal and ethical questions involved when private companies defend themselves and then retaliate as a result of a cyberattack—a so-called counterpunch known as the "hack-back."
May 13, 2022 at 10:00 AM
10 minute read
CybersecurityShould private, non-governmental companies be able to weaponize sophisticated, well-developed cybersecurity defenses to counter the cause of their own cyberattack? A cyber counterpunch of sorts, or "hack back," continues to raise all sorts of layered ethical and legal questions for technologists and cybersecurity professionals alike. It is also an especially complicated question for governments with no direct answer yet. Insert artificial intelligence (AI) into the equation and the complications increase exponentially. The keyword for lawmakers is of course cause. Something that if poorly understood ends up often being undefinable, unidentifiable, and largely consequential.
The Study on Cyber-Attack Response Options Act
Introduced last year, the Study on Cyber-Attack Response Options Act is a bill directing the Department of Homeland Security to study and report on its findings of potential benefits and risks of amending "the Computer Fraud and Abuse Act to allow private entities to respond to an unlawful network breach, subject to federal regulation and oversight." Many industry analysts and observers have derided the acceptance of the private sector onto the cyberwarfare stage as too risky while still some maintain such an introduction should be at least studied, particularly in light of the well-publicized ransomware cyberattacks of industry giants like SolarWinds, Colonial Pipeline, and JBS Foods. SolarWinds garnered added attention from legal watchers in the months following its cyberattack as a result of a group of investors filing a lawsuit that specifically named its former CEO and also its CISO at the time.
The text of this bill, referred to the Committee on Homeland Security and Governmental Affairs, states that the report shall "address any impact on national security and foreign affairs" and include recommendations not limited to "which Federal agency or agencies may authorize proportional actions by private entities" and "what actions would be permissible," as well as "what level of certainty regarding the identity of the attacker is needed before such actions would be authorized."
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllIs Invasion of Privacy an Appropriate Analogue for Data Breach Cases?
8 minute readMcDermott Adds Gibson Dunn Cyber and Privacy Co-Chair to White Collar Defense Practice
3 minute readTrending Stories
- 1'I'm Staying Everything': Texas Bankruptcy Judge Halts Talc Trials Against J&J
- 2What We Know About the Kentucky Judge Killed in His Chambers
- 3Ex-Prosecutor and Judge Fatally Shot During Attempted Arrest on Federal Corruption Charges
- 4Judge Blasts Authors' Lawyers in Key AI Suit, Says Case Doomed Without Upgraded Team
- 5Federal Judge Won't Stop Title IX Investigation Into Former GMU Law Professor
Who Got The Work
Burr & Forman partner Garry K. Grooms has entered an appearance for 4M Acquisitions and Wallace D. Tweden in a pending environmental lawsuit. The action, filed July 22 in Tennessee Middle District Court by the McKellar Law Group and Mark E. Martin LLC on behalf of Tennessee Riverkeeper, contends that the defendant's violated the Clean Water Act and Tennessee Water Quality Control Act by allowing for the discharge of pollutants into waters of the U.S. without obtaining a National Pollutant Discharge permit. The case, assigned to U.S. District Judge Aleta A. Trauger, is 3:24-cv-00886, Tennessee Riverkeeper, Inc. v. Tweden et al.
Who Got The Work
Ramsey M. Al-Salam, Gene W. Lee and Stevan R. Stark of Perkins Coie have entered appearances for R-Pac International in a pending patent infringement lawsuit. The case, filed Aug. 12 in New York Southern District Court by PinilisHalpern LLP and Friedman Suder & Cooke on behalf of Adasa Inc, asserts a single patent related to wireless sensors used for tagging products. The case, assigned to U.S. District Judge Alvin K. Hellerstein, is 1:24-cv-06102, Adasa Inc. v. R-Pac International LLC.
Who Got The Work
Walmart has tapped lawyer Nicole M. Wright of Zausmer PC to defend a pending product liability lawsuit. The action was filed Aug. 12 in Michigan Eastern District Court by Wolfe Trial Lawyers on behalf of a plaintiff claiming burns from a defective propane tank. The case, assigned to U.S. District Judge Matthew F. Leitman, is 2:24-cv-12100, Hill v. Ferrellgas, Inc. et al.
Who Got The Work
Kevin Simpson and James Randall of Winston & Strawn have stepped in to represent Comcast in a pending consumer class action. The case, filed Aug. 11 in Georgia Northern District Court by Kaufman PA, contends that the defendant placed pre-recorded debt collection phone calls to the plaintiff in violation of the Telephone Consumer Protection Act. The case, assigned to U.S. District Judge J.P. Boulee, is 1:24-cv-03553, Pond v. Comcast Cable Communications LLC.
Who Got The Work
Potter Anderson & Corroon partners Christopher N. Kelly and Kevin R. Shannon have stepped in to represent cloud computing company Fastly and its top executives in a pending shareholder derivative lawsuit. The complaint, filed Aug. 23 in Delaware District Court by deLeeuw Law and Bragar Eagel & Squire on behalf of Mark Sweitzer, accuses the defendant of failing to disclose that revenue growth in 2023 was primarily driven by a 'consolidation trend' in which companies simplified operations by reducing the number of content delivery network vendors under management, thereby reducing competition and increasing the defendant's market share. The case, assigned to U.S. District Judge Gregory B. Williams, is 1:24-cv-00969, Sweitzer v. Nightingale et al.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250