Hacking Back: Liability and Risks

By David Navetta

David Navetta is a co-chair of the Data Protection, Privacy, and Cybersecurity practice at Norton Rose Fulbright, and focuses primarily on technology, privacy, information security, and intellectual property law. Prior to joining Norton Rose Fulbright, he co-founded InfoLawGroup LLP, a technology-oriented law firm, and worked as assistant general counsel for American International Group's eBusiness Risk Solutions Group in New York.

David Navetta is an attorney who focuses primarily on technology, privacy, information security, and intellectual property law at Norton Rose Fulbright.  In an interview with The Cipher Brief, Navetta discussed the legal and liability issues associated with businesses attempting to utilize offensive cyber capabilities.

The Cipher Brief: Recently, there have been increased calls for “hacking back” against countries and groups that hack the U.S.  Why might some businesses find hacking back to be an attractive option, and is it a valid response to a cyber-incident?

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