Topic: Let's talk law on hacking back
A cybercrime has been committed. People's lives are thrown into disarray and their business destroyed. The C-suite meet. They want action. They want to make the criminals feel their pain and even better render them unable to ever do this to anyone else again.
Criminal law has been in the media lately around the world in relation to the apparent skin colour biases of our policing and legal systems. The law which on its face strives to be neutral, impartial and 'just' is in fact applied by fallible humans within aged (and possibly outdated) justice and societal structures. Criminal law relating to cybercrime is complicated further by the challenges of existing legal structures which adequate physical evidence to prove beyond a 'reasonable doubt' that the crime was committed and by whom. Attribution is complicated.
Does there exist any other legitimate and reasonable response to the people and businesses affected directly by cyber criminals while remaining within the bounds of what is legal? Is there something legally wrong with 'hacking back'? If a tree falls in a forest, and nobody is there to hear it, does it make a sound? [Disclaimer we will not have time for a proper quantum theory analysis of this proposition].
Speaker: EJ Wise, WiseLaw
EJ is an accomplished Cyber Security Legal Professional. Having spent 21 years serving in the Permanent Air Force (active duty) with the Royal Australian Air Force as a legal officer, EJ is a veteran of two armed conflicts, and contributed to the US Department of Defence Law of War Manual while on exchange with the USAF JAG Corps (orders) in the Pentagon for three years.
EJ is an internationally recognized cyber security law expert, professional speaker, commentator. Tech & Innovation Section member, Law Institute of Victoria. IPIT Committee member, Law Institute of Victoria. Founding Chairman, Australasian Cyber Law Institute. EJ's law firm WiseLaw was founded in 2018 and partners with business and government to deliver strategic cyber security.
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