*http://tinyurl.com/zpkqayj <http://tinyurl.com/zpkqayj>*

*Bill Would Legalize Active Defense Against Hacks*



Written by *Dennis Fisher* <https://www.onthewire.io/author/dfisher/> on
March 3, 2017 in *Hacking* <https://www.onthewire.io/category/hacking/>

A new bill intended to update the Computer Fraud and Abuse Act would allow
victims of computer attacks to engage in active defense measures to
identify the attacker and disrupt the attack.

Proposed by Rep. Tom Graves (R-Ga.), the bill would grant victims of
computer intrusions unprecedented rights. Known as the Active Cyber Defense
Certainty Act
<https://tomgraves.house.gov/uploadedfiles/discussion_draft_ac-dc_act.pdf>,
the legislation seeks to amend the CFAA, the much-maligned 1986 law that is
used in most computer crime prosecutions.

Under the definition in the bill:

“the term ‘active cyber defense measure’—  ‘‘(i) means any measure—  ‘‘(I)
undertaken by, or at the direction of, a victim; and ‘‘(II) consisting of
accessing without authorization the computer of the attacker to the victim’
own network to gather information in order to establish attribution of
criminal activity to share with law enforcement or 26 to disrupt continued
unauthorized activity against the victim’s own network”.

The proposed legislation includes the caveat that victims can’t take any
actions that destroy data on another person’s computer, causes physical
injury to someone, or creates a threat to public safety. The concept of
active defense has been a controversial one in the security community for
several years, with many experts saying the potential downside outweighs
any upside. Not to mention that it’s generally illegal.

Graves is attempting to change that with his new bill.

“This bill is about empowering individuals to defend themselves online,
just as they have the legal authority to do during a physical assault,”
said Graves.  “While the bill doesn’t solve every problem, it’s an
important first step. I hope my bill helps individuals defend themselves
against cybercriminals while igniting a conversation that leads to more
ideas and solutions that address this growing threat.”

Graves proposed the new bill on Friday.




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