According to some experts, counterstriking against cyberattacks is legally justifiable as self-defense -- although a more exhaustive legal framework needs to be implemented. “Active defense” involves a decision by company management (not an IT department) to pursue a cyber- attacker to try to identify the source and possibly stop the current (or future) attack. Instead of relying solely on passive defenses, such as firewalls and anti-virus software), companies could use network-based honeypot traps (to fool cybercriminals into thinking they've broken into a network), beacons and "digital dye-packs" (to pinpoint attackers that have taken data), and other technological means. When considering whether and how to strike back at a cyberattacker, it is important to understand the legal limits on what IT and security managers can or should do, and the risks and legal liability that may flow from such activities.
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