Active Cyber Defense: A Framework for Policymakers (CNAS)

Feb 26th, 2013 deterrence

Hat tip to FCW’s Emily Cole. 

A few days ago, the Center for a New American Security (CNAS) released a report written by Irving Lachow titled Active Cyber Defense: A Framework for Policymakers.  The report is a very useful and readable summary on the technical/legal issues behind private sector active defense.  Mr. Lachow’s closing thoughts:

The U.S. government needs to provide greater  clarity on which ACD actions are legal and which ones are not. Without such guidance, two problematic situations may arise. First, organizations may choose not to take actions that are legal because of fears of breaking vague provisions of existing law.  Second, organizations may take actions that they believe are legal but that government authorities view as being illegal. In the former case, corporations are bypassing ACD options that could help protect valuable information. In the latter case, companies are taking actions that could lead to serious financial and legal risks and could also undermine U.S. national objectives (such as U.S. efforts to establish norms in cyber space). Clearer guidance will enable organizations to protect themselves from advanced cyber attacks to the greatest extent possible without putting themselves in legal jeopardy.

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Authors

Untitled Document
Tara J. PistoreseTara J. Pistorese

is completing her Juris Doctor and Masters of Public Administration degrees at the Maxwell School of Citizenship and Public Affairs and the College of Law of Syracuse University. She has served as a law clerk in the United States Attorney's Office for the Western District of New York and the Public Defender Service for the District of Columbia and as an extern in the United States District Court for the Western District of Washington. Full biography

Benjamin Zaiser

is both a scholar and a Federal Agent of the Federal Criminal Police Office of Germany. (Opinions expressed here are his own and not any part of official duty.) Full biography

Professor William Snyder

Professor William C. Snyderis a member of the faculty of the Institute for National Security and Counter-terrorism at Syracuse University after fifteen years with the United States Department of Justice.

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