![]() This blanket prohibition imposes enormous constraints on the private sector’s ability to respond to cyberattacks. Under current law, it is illegal for the victim of a cyberattack to “hack-back” – that is, to launch a counterattack aimed at disabling or collecting evidence against the perpetrator. ![]() The rights of private entities to use reasonable force has not extended to cyberspace. Of course, there are many things that you cannot do, and reasonable people can disagree about the limits of these actions, but the law generally recognizes that force is sometimes necessary to defend persons and property, halt ongoing crimes, and prevent suspects from fleeing. You can hire rough men - even armed men - to guard your belongings. You can reach into the pockets of a shoplifter before he leaves your store. The idea of using force to prevent or stop crime is intuitive in the physical world. Lost in Translation: Governance and Cyberspace
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